Tamilnadu Udarkalviyalarkal v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2016
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.20819 of 2013 Tamil Nadu Udarkalviyalarkal Kazhaham, Rep. By its State President, S.Arockiasamy.
... Petitioner Vs.
1. The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.
2. The Director of School Edcuation, DPI Compound, College Road, Chennai - 600 006.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to send proposal to the first respondent for changing the post of Physical Education Director Grade-I into PG Assistant (physical education) and physical Education Director Grade-II into BT Assistant (physical education) as per the letter of the first respondent in No.27754/ HSE2/2009-1, dated 22.09.2009 within the time stipulated by this Court. For Petitioner : Mr.J.Lawrance For Respondents : Mr.R.Anandhraj Government Advocate
ORDER
The petitioner seeks for a Writ of Mandamus, directing the second respondent to send proposal to the first respondent for changing the post of Physical Education Director Grade I into PG Assistant (physical education) and physical Education Director Grade II into BT Assistant (physical education) as per the letter of the first respondent in No.27754/ HSE2/2009-1, dated 22.09.2009.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
3. It is the case of the petitioner that B.P.Ed and M.P.Ed Courses are academically on par with B.Ed course in all respects and therefore, they should be treated on par with B.T Teachers for the purpose of https://hcservices.ecourts.gov.in/hcservices/
status, pay scale, promotion etc. Similarly, to extend the pay scale of B.T Assistant (Physical Education) is also cancelled. Therefore, the grievance of the petitioner is that denying the par in pay scale to the Physical Education Director which amounts to unequal treatment. Hence, the petitioner has filed this Writ Petition seeking a direction to the first respondent to consider and redesignate of the post of Physical Education Teacher Grade I into PG Assistant (Physical Education) and Physical Education Director Grade II into BT Assistant (Physical Education).
4. In the light of the above facts, without going into the merits of the case, the first respondent is directed to consider the representation of the petitioner, dated 20.05.2013 on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To
1. The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.
2. The Director of School Edcuation, DPI Compound, College Road, Chennai - 600 006.
+ 1 CC TO MR.J.LAWRANCE, ADVOCATE IN SR NO. 16827/16 PS TE/GSV-PM/ : 01/04/2016 : 2P/4C W.P(MD)No.20819 of 2013 24.03.2016 https://hcservices.ecourts.gov.in/hcservices/