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Madras High Court

P.Ranjitham vs The Commissioner For Differently Abled ... on 25 September, 2020

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                                                 _________
                                                                                        W.P. No.22185/2013

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATE :25.09.2020

                                                            CORAM

                                      THE HONOURABLE MR. JUSTICE M.DHANDAPANI

                                                     W.P. NO.22185 OF 2013


                      P.Ranjitham                                                           .. Petitioner

                                                             - Vs -

                      1.The Commissioner for Differently Abled Person,
                      Chennai.

                      2.The Headmaster,
                       Govt. Higher Secondary School for Deaf,
                       Dharmapuri.                                                       .. Respondents

                            Writ petition filed under Article 226 of the Constitution of India praying
                      this Court to issue a writ of Mandamus, directing the First Respondent to
                      consider the representation of the Petitioner dated 21.7.2010 regarding stepping
                      up of the Pay of the Petitioner on par with her junior and for consequential
                      monetary benefits and pass orders thereon within a time limit.


                                    For Petitioner       : Mr.Dhanasekaran for
                                                         M/S.R.Thamarai Selvan

                                    For Respondents      : Mr.A.N.Thambidurai, Spl.G.P. for R1



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                                                                                                 _________
                                                                                        W.P. No.22185/2013

                                                           ORDER

This petition has been filed by the petitioner to direct the First Respondent to consider the representation of the Petitioner dated 21.7.2010 regarding stepping up of the Pay of the Petitioner on par with her junior and for consequential monetary benefits and pass orders thereon within a time limit.

2.The case of the petitioner is that she was appointed as secondary grade assistant in the Panchayat Union Elementary School in Dharmapuri Panchayat Union and joined service in the year 1971 and, thereafter, the petitioner joined duty in Govt., Higher Secondary School for Differently abled Persons, Dharmapuri in the year 1978 and her service was regularised on 06.08.1990. Subsequently she was promoted as Headmaster of Deaf and Dumb School, Erode from 24.06.19878 and also transferred and posted Secondary grade teacher at Dharmapuri on 31.08.1988 and also retired from service on 31.08.2007 on attaining superannuation. The grievance of the petitioner is that the 1st respondent by his proceedings dated 04.06.2004 issued the seniority list of secondary grade teachers in the deaf and dumb schools in the state and the name of the petitioner was placed at Sl.No.7 therein, however the first 2/6 http://www.judis.nic.in _________ W.P. No.22185/2013 respondent fixed the pay of his junior one Tmt.Victoria Gandhi in the post of Headmistresses per G.O.Ms.NO.160, Secondary Education Dept. dated 23.08.2005, which enabled the said Victoria Gandhi to get more pay than the petitioner. Hence the petitioner made representations on 21.070.2010, since was no action taken by the respondents, hence the present petition.

3. Learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues a direction to the respondents to consider the petitioner's representation dated 21.07.2010 within a reasonable time as fixed by this Court.

4.On the above contention, this Court heard the learned Special Government Pleader appearing for the respondent, who has no serious objections to such a direction being passed.

5.In view of the limited relief sought for, this Court without going into the merits of the issue, this Court directs the 1st respondent to consider the petitioner's representation dated 21.07.2010 and pass orders thereon in 3/6 http://www.judis.nic.in _________ W.P. No.22185/2013 accordance with law within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. However, there shall be no order as to costs.


                                                                                  25.09.2020

                      Index    : Yes/No
                      Speaking/Non-speaking
                      Internet : Yes/No
                      jrs




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                                                                                  _________
                                                                         W.P. No.22185/2013

                      To

1.The Commissioner for Differently Abled Person, Chennai.

2.The Headmaster, Govt. Higher Secondary School for Deaf, Dharmapuri.

5/6 http://www.judis.nic.in _________ W.P. No.22185/2013 M.DHANDAPANI, J.

jrs W.P. NO.22185 OF 2013 25.09.2020 6/6 http://www.judis.nic.in