Madras High Court
B.Mohanram vs The State Of Tamil Nadu on 8 March, 2021
W.P(MD)No.7034 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P(MD)No.7034 of 2019
B.Mohanram ...Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Kanyakumari District at
Nagercoil.
4.The District Educational Officer,
Nagercoil,
Kanyakumari District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondents herein
to re-fix the petitioner's scale of pay of Rs.8000-275-13500 instead of Rs.
5900-200-9900 as on 01.01.1996 and subsequent increments, and re-fix
his pension and award monetary benefits to him with effect from
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W.P(MD)No.7034 of 2019
01.03.2017 as per G.O.Ms.No.62 [Finance (CMPC) Department] dated
09.03.2015 on par with similarly placed persons.
For Petitioner : Mr.S.Xavier Rajini
For Respondents : Mr.N.Shanmugaselvam,
Additional Government Pleader
ORDER
The petitioner herein seeks re-fixation of his scale of pay in
accordance with G.O.Ms.No.62 [Finance (CMPC) Department] dated
09.03.2015. In this connection, the petitioner has also made
representations and in view of the non-consideration of the
representations, the present writ petition has been filed.
2.The learned Counsel appearing for the petitioner would submit
that the reasoning adopted by the third respondent in his proceedings
dated 27.12.2018 that the benefit of G.O.Ms.No.90, School Education
Department, dated 09.05.2018 would be applicable only to the persons,
who were part of the writ appeal mentioned in the proceedings, cannot be
sustained in view of the subsequent decision of the Division Bench of
this Court in the case of R.Shankar Vs. Government of Tamil Nadu
represented by the Secretary, School Education Department reported in
(2019) 7 MLJ 727.
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W.P(MD)No.7034 of 2019
3.While considering the petitioner's submission, this Court is of the
view that such a decision can be taken by the respondents themselves, if
the petitioner is granted liberty to place the above cited decision before
the third respondent for consideration.
4.In the light of the above observations, the petitioner is granted
liberty to make a representation ventilating his grievance before the third
respondent and on receipt of the same, the third respondent shall consider
it and pass appropriate orders on its own merits and in accordance with
law, in the light of the judgment in R.Shankar's case cited supra, within
a period of eight weeks from the date of the receipt of the representation.
5.The writ petition is disposed of with the above directions.
No costs.
08.03.2021
Index : Yes / No
Internet : Yes / No
dsk
1.The Secretary,
http://www.judis.nic.in
W.P(MD)No.7034 of 2019
Department of School Education,
Fort St George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Kanyakumari District at
Nagercoil.
4.The District Educational Officer,
Nagercoil,
Kanyakumari District.
http://www.judis.nic.in
W.P(MD)No.7034 of 2019
M.S.RAMESH, J.
dsk
W.P(MD)No.7034 of 2019
08.03.2021
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