A. Ramaswamy, v. The Stat Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.6155 of 2013 and M.P.(MD)No.1 of 2013 A.Ramasamy ... Petitioner Vs.

1.The state of Tamil Nadu, Rep. by its Secretary, Department of School Education, For St. George, Chennai-600 009.

2.The Director of Elementary Education, College Road, Chennai-600 006.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceeding issued by the 2nd respondent director of Elementary Education vide Na.Ka.No.018135/E1/2012 dated 28.07.2012, and quash the same and further direct the respondents herein to sanction and award forthwith the selection Grade of Pay in the cadre of Middle School Headmaster from 11.07.1998 (date of promotion as Middle School Headmaster) on par with the similarly placed persons for whom such benefits have been sanctioned under G.O.Ms.No.210 (School Education (G-1) Department) dated 14.08.2009.

For Petitioner : Mr.T.Cibi Chakraborthy For M/S.ISSAC CHAMBERS For Respondents : Mr.V.P.M.Vaishnavi Government Advocate

O R D E R

The relief sought for in this writ petition is for a direction to call for the records relating to the impugned proceeding issued by the 2nd respondent director of Elementary Education vide Na.Ka.No.018135/E1/2012 dated 28.07.2012, and quash the same and further direct the respondents herein to sanction and award forthwith the selection Grade of Pay in the cadre of Middle School Headmaster from 11.07.1998 (date of promotion as Middle School Headmaster) on par with the similarly placed persons for whom such https://hcservices.ecourts.gov.in/hcservices/

benefits have been sanctioned under G.O.Ms.No.210 (School Education (G-1) Department) dated 14.08.2009.

2. The learned counsel for the petitioner brought to the notice of this Court that the Full Bench of the Madras High Court passed an order covering the issues involved in this present writ petition, 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 petitioner was 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 petitioner on 15.03.2000 and 15.11.2010 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. The writ petitioner is directed to enclose the copy of the representations and the Government Orders along with the order passed in this writ petition. Accordingly, this writ petition stands disposed of. No costs. Consequently, M.P.(MD)No.1 of 2013 is closed. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To

1. The Secretary, Government of Tamil Nadu, Department of School Education, For St. George, Chennai-600 009.

2.The Director of Elementary Education, College Road, Chennai-600 006.

W.P.(MD)No.6155 of 2013 12.03.2018 ta MS/SV-MMS/SAR-1/02.04.2018/2P.3C https://hcservices.ecourts.gov.in/hcservices/