IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.03.2011 CORAM: THE HON’BLE MR. JUSTICE K.CHANDRU W.P.No.1513 of 2011 & M.P.No.1 of 2011 1 V.THIYAGARAJAN [ PETITIONER ] Vs 1 SECRETARY AND CORRESPONDENT THIRU W.T.MASILAMANI HR. SEC. SCHOOL WALAJABAD-631605 KANCHEEPURAM DISTRICT. 2 PRESIDENT SCHOOL COMMITTEE THIRU W.T.MASILAMANI HR. SEC. SCHOOL WALAJABAD-631 605 KANCHEEPURAM DISTRICT. 3 HEADMISTRESS THIRU W.T.MASILAMANI HR. SEC. SCHOOL WALAJABAD-631605 KANCHEEPURAM DISTRICT. 4 THE JOINT DIRECTOR (SCHOOLS) HIGHER SECONDARY EDUCATION DPI COMPLEX NUNGAMBAKKAM CHENNAI-34. 5 THE CHIEF EDUCATIONAL OFFICER KANCHEEPURAM DISTRICT KANCHEEPURAM. 6 THE DISTRICT EDUCATIONAL OFFICER KANCHEEPURAM DISTRICT KANCHEEPURAM. [ RESPONDENTS ] Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to release the increments of the petitioner and promote him as Record Clerk. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner :: Mr.Daniel Kalaiselvan For Respondents :: Mrs.G.Thilagavathi for R1 to R3 Mr.A.Suresh, GA for R4 to R6 O R D E R Heard both sides. 2. The petitioner is working as an Office Assistant in the 1st respondent School. The grievance of the petitioner was that his increments have not been granted and he has also not been promoted to the post of Record Clerk though a vacancy was exist. 3. When the matter came up on 25.1.2011, the learned Government Advocate was directed to take notice. Subsequently, on behalf of the School, Mrs.G.Thilagavathi appears and she also filed a counter affidavit on behalf of the respondents 1 to 3 dated 15.2.2011. An additional typed set is also filed by them. 4. With reference to the 1st grievance of the petitioner that the increments have not been released, it is stated by the learned counsel for the School management that initially the petitioner suffered a punishment of stoppage of increment for a period of two years with cumulative effect and when approval was sought for, the Department returned the papers directing the School to reconsider the said punishment and thereafter the School Committee reduced the punishment of increment cut for a period of one year with cumulative effect by proceedings dated 15.2.2011 and once again after the said order was passed, fresh proposal to claim increment to the petitioner has been sent to the Department and the Service Register has been returned by the Department to the School management. Therefore, nothing is available in the hands of the school management. 5. Under the circumstances, 6th respondent is directed to pass orders on the proposal sent by the school management with reference to the release of increment to which the petitioner is entitled. 6. With reference to the promotion to the post of Record Clerk, the learned counsel for the school management submits that as of now there is no vacancy. Whereas the learned counsel for the petitioner submits that there is a vacancy exist. In any event, it is unnecessary for this Court to deal with the said issue, as the Tamil https://hcservices.ecourts.gov.in/hcservices/ Nadu Private Schools (Regulation) Act,1973 has ample powers to take care of in case the petitioner is overlooked or denied promotion. Rule 15(4-A) of the Tamil Nadu Private Schools (Regulation) Rules, 1974 provides for an appeal to the appellate authority and in respect of the Higher Secondary School, it is the Joint Director of School Education (Higher Secondary). The Act itself has provided a remedy in case there is denial of any promotion for Teachers or non- teaching staff. There is no need to deal with this issue. Hence, the writ petition stands dismissed with the above observation. No costs. The connected Miscellaneous Petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ajr To 1 THE JOINT DIRECTOR (SCHOOLS) HIGHER SECONDARY EDUCATION DPI COMPLEX NUNGAMBAKKAM CHENNAI-34. 2 THE CHIEF EDUCATIONAL OFFICER KANCHEEPURAM DISTRICT KANCHEEPURAM. 3 THE DISTRICT EDUCATIONAL OFFICER KANCHEEPURAM DISTRICT KANCHEEPURAM. +1cc to Govt. Pleader Sr 16642 +1cc to Mr.Daniel Kalaiselvan,Advocate SR16199 +1cc to M/s.G.Thilakavathi, Advocate SR 16127 RSY(CO) km/17.3. W.P.No.1513 of 2011 https://hcservices.ecourts.gov.in/hcservices/