Citation : 2021 Latest Caselaw 12453 Mad
Judgement Date : 25 June, 2021
W.P.No.19475 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.06.2021
CORAM
THE HONOURABLE Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.19475 of 2011
K.Singaram ...Petitioner
Vs
1. The Director,
Directorate of School Education,
DPI Campus, Chennai.
2. The Chief Educational Officer,
Thriuvalluvar, Thiruvalluvar District.
3. The District Educational Officer,
Ponneri District.
4. The Secretary,
Vellaiyan Chettiar Higher Secondary School,
Thiruvattiyur, Chennai 600 019. ..Respondents
Prayer:- The Writ Petition is filed under Article 226 of the Constitution
of India, seeking for a Writ of Certiorarified Mandamus, calling for the
records of the 3rd respondent culminating in the order of
Na.Ka.No.3402/AA1/2007, dated 04.04.2008, quashing the same and
directing the respondents 1 to 3 to dispose of the representation after
comply due procedure prescribed under the law.
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W.P.No.19475 of 2011
For Petitioner : Mr.N.Alagu Narayanan
For Respondents
for RR1 to 3 : Mr.C.Harsha Raj
for R4 : Mr.T.S.Gopalan & Co.
ORDER
The writ petition pertains to the grant of incentives to the
petitioner in relation to the acquisition of higher educational
qualifications. The petitioner states that a representation dated
04.04.2008 was submitted in relation to the above, but the respondents
1 to 3 have not granted increments or disposed of the representation. The
petitioner was constrained to file the writ petition in such facts and
circumstances.
2. Learned counsel for the petitioner invites the attention of
this Court to two judgments of this Court: (i) Dr.G.Korakumari v. State
of Tamil Nadu and others, W.P.No.23185 of 2012, order dated
20.08.2014; and (ii) N.Jayaraman v. The Secretary to Government
School Education Department and others, W.P.No.9659 of 2014, order
dated 20.08.2018. He submitted that in both these cases, the Court
considered petitions seeking similar relief favourably. In effect, he
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contends that the present writ petition is squarely covered by the
aforesaid judgments.
3. Learned counsel for the State/respondents 1 to 3 submits that
initially physical education teachers were not covered by the relevant
Government Order, but that another Government Order was issued in the
year 2016, whereby incentive increments were also extended to physical
education teachers. Accordingly, he submits that the representation of the
petitioner would be considered and disposed of in light of the aforesaid
developments within a reasonable time frame as may be fixed by this
Court.
4. Accordingly, without going into the merits of the matter, the
Chief Educational Officer, Thiruvallur District, is directed to consider the
representation dated 20.07.2010 of the petitioner and dispose of the same
by a reasoned order within a period of eight weeks from the date of
receipt of a copy of this order. The petitioner is granted leave to submit
any documents or authorities in support of the representation to the
second respondent within a period of two weeks from the date of receipt
of a copy of this order. The second respondent is directed to consider the
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above materials and the orders passed by this Court earlier while
disposing of the petitioner's representation. W.P.No.19475 of 2011 is
disposed of on the above terms without any order as to costs.
25.06.2021
Index : Yes/No Internet : Yes/No Speaking Order pvs
To
1. The Director, Directorate of School Education, DPI Campus, Chennai.
2. The Chief Educational Officer, Thriuvalluvar, Thiruvalluvar District.
3. The District Educational Officer, Ponneri District.
4. The Secretary, Vellaiyan Chettiar Higher Secondary School, Thiruvattiyur, Chennai 600 019.
https://www.mhc.tn.gov.in/judis/ 4/ 5 W.P.No.19475 of 2011
SENTHILKUMAR RAMAMOORTHY.J.
pvs
W.P.No.19475 of 2011
25.06.2021
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