Disposed

Kalingarani.K v. The District Education Officer (Elementary Education)

Madras HC9 Oct 2023WP(MD)/21677/2023

Case brief

AI extract

What is this about?

Petitioner, a teacher, sought special grade and restored incentive increment after a disputed recovery order was cancelled. Court directed the school to forward the proposal and the district officer to decide on merits within specified timelines.

What did the court decide?

3rd respondent to forward representation to 2nd respondent within 4 weeks; 2nd respondent to pass orders within 8 weeks thereafter.

Kalingarani.K Vs The District Education… — Pension and Retirement Benefits | Madras HC (2023)

¶1

W.P(MD)No.21677 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 09.10.2023

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

¶6

W.P(MD)No.21677 of 2023

K.Kalingarani

... Petitioner

Vs.

1.The District Education Officer (Elementary Education), O/o. The District Educational Office, Thanjavur, Thanjavur District.

¶11

2.The Block Educational Officer, O/o. The Block Educational Officer, Thirupanandal Range, Thanjavur District.

¶12

3.Aided Primary School, Represented by its Secretary, Kadiramanagalam, Thirupanandal Range, Thanjavur District. ... Respondents

¶13

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3^rd respondent to forward the proposal to the 2^nd respondent for grant of Special Grade and restoration of incentive increment and consequently to direct the 2^nd respondent to award Special Grade w.e.f., 11.09.2022 on

¶14

https://www.mhc.tn.gov.in/judis 1/6

¶15

W.P(MD)No.21677 of 2023

¶16

completion of 20 years of service in the cadre of Secondary Grade Teacher and incentive increment and pay the arrears thereon in terms of order passed by the 2^nd respondent in his proceedings in Oo.Mu.No. 1495/A2/2022, dated 18.07.2023 by considering the petitioner's representation, dated 28.08.2023 within the period that may be stipulated by this Court.

¶17

For Petitioner : Mr.C.Venkatesh Kumar M/s.Ajmal Associates For R1 & R2 : Mr.V.Om Prakash Government Advocate For R3 : Mr.G.Karnan

¶18

ORDER

¶19

The present writ petition has been filed seeking a Mandamus to

¶20

direct the 3^rd respondent to forward a proposal to the 2^nd respondent for the purpose of awarding Special Grade with effect from 11.09.2022.

¶21

The petitioner herein is working as a Secondary Grade Teacher in the 3^rd respondent school and she has been conferred with Selection Grade on 27.11.2012. According to the petitioner, she had acquired M.A., (Tamil) in May 2014. Based upon her higher qualification, she was

¶22

granted incentive increment by the 2^nd respondent on 16.05.2015.

¶23

https://www.mhc.tn.gov.in/judis 2/6

¶24

W.P(MD)No.21677 of 2023

¶25

The petitioner has further stated that on completion of 20 years

¶26

of service in the cadre of Secondary Grade Teacher, she is entitled to Special Grade. Hence, the 3^rd respondent has forwarded the proposal to the 2^nd respondent on 04.10.2022.

¶27

According to the petitioner, after receipt of the said paper, the 2^nd respondent found that erroneously incentive increment has been granted to the writ petitioner and has directed the school management to recover the said amount. The management was requested to forward the proposal for conferment of special grade after recovery of the excess amount paid to the writ petitioner. Thereafter, the petitioner made a detailed representation to the 2^nd respondent on 12.06.2023 explaining

¶28

the circumstances under which the incentive increment was granted to the writ petitioner. After accepting the explanation offered by the writ petitioner, the 2^nd respondent has chosen to recall his order, dated 31.03.2023.

¶29

In view of recalling of the order, dated 31.03.2023, the petitioner has sent the second representation on 28.08.2023 to the school management, namely the 3^rd respondent. The present writ petition has

¶30

https://www.mhc.tn.gov.in/judis 3/6

¶31

W.P(MD)No.21677 of 2023

¶32

been filed seeking a direction to the 3^rd respondent to forward this proposal to the 2^nd respondent, so that she may be conferred with the special grade and to restore the incentive increment.

¶33

On instructions, the learned Government Advocate appearing for the official respondents submits that the 2^nd respondent has in fact passed an order on 18.07.2023 cancelling his order, dated 31.03.2023. Therefore, this Court does not find any impediment for the 3^rd respondent school to forward the request of the petitioner, dated 28.08.2023 which is said to have been sent by registered post by the writ petitioner on the same date.

¶34

In view of the above said facts, the 3^rd respondent is directed to forward the representation given by the petitioner on 28.08.2023 to the 2^nd respondent with all necessary papers within a period of four (4) weeks from the date of receipt of a copy of this order. Thereafter, the 2^nd respondent is directed to pass orders on merits and in accordance with law within a period of eight (8) weeks thereafter.

¶35

https://www.mhc.tn.gov.in/judis 4/6

¶36

W.P(MD)No.21677 of 2023

¶37

With the above said observations, this Writ Petition stands

¶38

disposed of. No costs.

¶39

09.10.2023

¶40

NCC : Yes / No Index : Yes / No Internet : Yes / No

¶41

gbg

¶42

¶43

1.The District Education Officer (Elementary Education), O/o. The District Educational Office, Thanjavur,

¶44

Thanjavur District.

¶45

2.The Block Educational Officer, O/o. The Block Educational Officer, Thirupanandal Range, Thanjavur District.

¶46

3.Aided Primary School, Represented by its Secretary, Kadiramanagalam, Thirupanandal Range, Thanjavur District.

¶47

https://www.mhc.tn.gov.in/judis 5/6

¶48

W.P(MD)No.21677 of 2023

¶49

R.VIJAYAKUMAR,J.

¶50

gbg

¶51

Order made in W.P(MD)No.21677 of 2023

¶52

Dated: 09.10.2023

¶53

https://www.mhc.tn.gov.in/judis 6/6

Kalingarani.K v. The District Education Officer (Elementary Education)

Case brief

What is this about?

What did the court decide?

Kalingarani.K v. The District Education Officer (Elementary Education)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Veluchamy(Died) Vs Samsudeen

Manoharan.K Vs The State of Tamilnadu

Thiruvalluvan.K Vs the Director General of Police

M. Eswari Vs the District Collector

Radha.P Vs The District Collector

Sridevi Vs The Secretary