Madras High Court
L.Manickam vs The Secretary To Government on 29 January, 2018
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.1641 of 2018
L.Manickam .. Petitioner
-vs-
1. The Secretary to Government
Adi Dravidar and Tribal Welfare Department
Fort St.George
Chennai 600 009
2. The Director of Adi-dravidar and Tribal Welfare
Chepauk
Chennai 600 005
3. The District Adi-dravidar and Tribal Welfare Officer
Singaravelar Maaligai
Chennai 600 001
4. The Head Master
Government Adi Dravidar Welfare Girls
Higher Secondary School
Kannigapuram
Chennai 600 012 .. Respondents
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to dispose of the representations dated 17.11.2014, 18.07.2016 and 05.07.2017 seeking the relief to extend the benefit of G.O.No.75 dated 25.07.2012 and accordingly award Selection/Special Grade Scale of Pay with effect from 1.6.1988 and revision of pensionary benefits and pay arrears immediately to the petitioner.
For Petitioner :: Mr.A.Ramalingam
For Respondents :: Mr.V.Kadhirvelu
Special Government Pleader
ORDER
This writ petition has been filed by the petitioner so belatedly after he retired from service with effect from 28.2.2006 in the post of B.T.Assistant in the Adi-dravidar Welfare Girls Higher Secondary School, Kannigapuram, Chennai. It appears that the petitioner made a representation after eight years of his retirement on 17.11.2014 to the District Adi-dravidar and Tribal Welfare Officer to consider the services rendered by him in the post of Primary School Headmaster from 1.6.88 for the purpose of granting the Selection/Special Grade scale of pay. Whereas the petitioner in paragraph-2 of the affidavit has admitted the receipt of the benefit of selection grade scale of pay on completion of ten years of service on 14.7.81 and subsequently, he was also awarded the special grade scale of pay on 14.7.91 and thereafter promoted as B.T.Assistant on 6.2.98 and again after serving for about eight years, retired from service with effect from 28.2.2006 in the post of B.T.Assistant in the Adi-dravidar Welfare Girls Higher Secondary School, Kannigapuram, Chennai. Therefore, when the petitioner was given the benefit of selection grade scale of pay on completion of ten years of service on 14.7.81 and the special grade scale of pay on completion of 20 years of service on 14.7.91, the petitioner, after his retirement, sleeping over the matter for about eight years, cannot make any representation. This apart, the Hon'ble Full Bench of this Court in Review Applications Nos.227 of 2015 etc., W.A.Nos.1744 of 2015 etc., by judgment dated 9.12.2016 (The Government of Tamil Nadu represented by its Secretary, School Education Department and others v. G.Eswaran and others), taking into account that the teachers are rushing to the Court with numerous writ petitions without any basis or without any reason for the huge delay, directed the Registry not to entertain the writ petition filed after 9.12.2016 seeking the aforementioned benefits. Since there is a direction by the Hon'ble Full Bench of this Court not to entertain any writ petition after the said cut-off date on the issue of Selection/Special Grade scale of pay, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. No costs.
29.01.2018 Speaking/Non speaking order Index : yes/no ss To
1. The Secretary to Government Adi Dravidar and Tribal Welfare Department Fort St.George Chennai 600 009
2. The Director of Adi-dravidar and Tribal Welfare Chepauk Chennai 600 005
3. The District Adi-dravidar and Tribal Welfare Officer Singaravelar Maaligai Chennai 600 001
4. The Head Master Government Adi Dravidar Welfare Girls Higher Secondary School Kannigapuram Chennai 600 012 T.RAJA, J.
ss W.P.No.1641 of 2018 29.01.2018