N.Prabhu, v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)Nos.20230 and 20231 of 2013 N.Prabhu ... Petitioner in W.P.(MD)No.20230 of 2013 A.Chandra ... Petitioner in W.P.(MD)No.20231 of 2013 Vs.
1. The state of Tamil Nadu, Rep. by its Secretary, Department of School Education, For St. George, Chennai-600 006.
2. The Director of Elementary Education, College Road, Chennai-600 006.
3. The District Elementary Educational Officer, Pudukottai, Pudukottai District.
4. The Additional Assistant Elementary Educational Officer, Aavudaiyarkoil, Pudukottai District.
... Respondents in both petitions PRAYER in W.P.(MD)No.20230 of 2013 : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Headmaster by reckoning and computing the petitioner's father A.Natarajan service rendered in the cadres of Secondary Grade teacher (01.06.1976 to 04.08.1988) and Primary School Headmaster (from 05.08.1988 onwards).
PRAYER in W.P.(MD)No.20231 of 2013 : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Headmaster by reckoning and computing the petitioner's husband S.Arockiyasamy fo service rendered in the cadres of Secondary Grade teacher (03.12.1977 to 08.12.1989) and Primary School Headmaster (from 09.02.1989 onwards). For Petitioner : Mr.T.Cibi Chakraborthy for Isaac Mohanlal For Respondents : Mr.V.P.M.Vaishnavi Government Advocate (In both petitions)
COMMON ORDER The relief sought for in these writ petitions is for a direction to the respondents to sanction and award forthwith Selection Grade and Special Grade to the petitioners in the post of Primary School Headmaster by reckoning and computing the petitioners' father A.Natarajan for the service rendered in the cadres of Secondary Grade teacher (01.06.1976 to 04.08.1988) and Primary School Headmaster (from 05.08.1988 onwards) and husband S.Arockiyasamy for the service rendered in the cadres of Secondary Grade teacher (03.12.1977 to 08.12.1989) and Primary School Headmaster (from 09.02.1989 onwards), respectively.
2. The learned counsel for the petitioners brought to the notice of this Court that the Full Bench of the Madras High Court passed an order covering the issues involved in these present writ petitions, in the case of Government of Tamil Nadu v. G.Eswaran and others reported in (2017) 2 MLJ 257 (FB).
3. The learned Government Advocate appearing for the respondents made a submission that the writ petitioners father and husband, respectively, were employed in a private aided school and not entitled for the benefit of the Government Order discussed in the above judgment. However, these issues are to be considered independently by the respondents with reference to the Government Orders and the judgments in this regard. Accordingly, the second respondent is directed to consider the representations submitted by the writ petitioners on 04.07.2012, 17.04.2013, 26.04.2012 and 14.06.2013, respectively and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
4. Writ petitioners are directed to enclose the copy of the representations and the Government Orders along with the order passed in these writ petitions. Accordingly, these writ petitions stand disposed of. No costs.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To
1. The Secretary, Department of School Education, For St. George, Chennai-600 006.
2. The Director of Elementary Education, College Road, Chennai-600 006.
3. The District Elementary Educational Officer, Pudukottai, Pudukottai District.
4. The Additional Assistant Elementary Educational Officer, Aavudaiyarkoil, Pudukottai District.
+1cc to M/s. Isaac Chambers, Sr.No.55023 +1cc to Spl.Government Pleader Sr.No. 55088 TA VB/SKN/RSK/SAR1/05/04/2018/3P/7C W.P.(MD)Nos.20230 and 20231 of 2013 12.03.2018