Disposed

I.Kempanna, v. The State of Tamil Nadu rep.

Madras HC1 Aug 2024WP/28949/2015

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Judicature at Madras directed the concerned government authority to consider the petitioner's claim for stepping up of pay. The Court ordered that proceedings be initiated after notice and the decision completed within 12 weeks, dismissing the petition otherwise.

What did the court decide?

Directed authority to consider entitlement for stepping up of pay after putting petitioner on notice and disburse if eligible within 12 weeks.

I.Kempanna, Vs The State of Tamil Nadu rep. — Pension and Retirement Benefits | Madras HC (2024)

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W.P. No.28949 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.08.2024

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CORAM

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THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

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W.P. No.28949 of 2015 and M.P.No.1 of 2015

I.Kempanna

..Petitioner

Vs.

1.The State of Tamil Nadu Rep. By Secretary to the Government, School Education Department, Fort St.George, Chennai-600 009.

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2.The Director of Elementary Education, College Road, Chennai-600 009.

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3.The District Elementary Educational Officer, Krishnagiri District, Krishnagiri. ..Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the 3^rd Respondent issued in Na.Ka.No.2645/A3/2014 datd 04.10.2014 and in Na.Ka.No.024082/I4/2014 dated .01.2015 by the 3^rd and 2^nd Respondents respectively and quash the same and issue a consequential direction to the Respondents 1 and 2 to approve the proceedings of the then District Elementary Educational Officer, Krishnagiri District, issued in Moo.Moo.No.1464/A3/2013 dated .06.2013 as forwarded in proceedings issued in Na.Ka.No.2780/A3/2013 dated 28.10.2013 of the then District Elementary Educational Officer,

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Page 1 of 4

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

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W.P. No.28949 of 2015

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Krishnagiri District and grant all monetary benefits with arrears of pay and pension.

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For Petitioner : Mr.R.Saseetharan

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For Respondents : Mr.M.Rajendiran Additional Government Pleader ORDER

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Today, when the matter was taken up for hearing it was pointed

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out by the learned counsel for the petitioner that vide a communication

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dated 06.02.2013 the 3^rd Respondent had affirmed the petitioner's entitlement to stepping up of pay. However, vide communication dated 30.07.2013, the Principal Accountant General (Accounts and Entitlement) Tamil Nadu, had found that the petitioner has retired, thus any pay anomaly can be rectified only by the Government and the Head of the Department cannot issue order in such cases as set out vide Government letter No.20419/FRI/99-5 P&AR dated 30.12.1999.

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The learned counsel for the Respondents would submit that the concerned authority would consider the entitlement for stepping up of pay taking into account the communication dated 06.2013 by the 3^rd Respondent and orders shall be passed in accordance with law after

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Page 2 of 4

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

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W.P. No.28949 of 2015

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putting the petitioner on notice.

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In view of the submissions made by the learned counsel for the petitioner and the Respondents, without going into the merits of the case this Court directs the concerned authority to consider the petitioner's entitlement for stepping up of pay taking into account the communication dated 06.2013 by the 3^rd Respondent and pass orders in accordance with law after putting the petitioner on notice. If the petitioner is found eligible for stepping up of pay, the same shall also be disbursed to the petitioner. The above exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

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The writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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01.08.2024

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Speaking (or) Non Speaking Order Index:Yes/No Neutral Citation: Yes/No mka

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Page 3 of 4 https://www.mhc.tn.gov.in/judis

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W.P. No.28949 of 2015

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MOHAMMED SHAFFIQ, J.

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mka

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To:

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1.The Secretary to the Government, School Education Department, Fort St.George, Chennai-600 009.

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2.The Director of Elementary Education, College Road, Chennai-600 009.

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3.The District Elementary Educational Officer, Krishnagiri District, Krishnagiri.

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W.P. No.28949 of 2015

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01.08.2024

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Page 4 of 4 https://www.mhc.tn.gov.in/judis

I.Kempanna, v. The State of Tamil Nadu rep.

Case brief

What is this about?

What did the court decide?

I.Kempanna, v. The State of Tamil Nadu rep.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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