BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2011 C O R A M THE HONOURABLE Mr. JUSTICE T.RAJA Writ Petition (MD)No.11195 of 2011 R.Latha ... Petitioner Vs 1. The Assistant Elementary Educational Officer, Bodinayakanur, Theni District. 2. The Secretary, R.P.Middle School, Bodinayakanur, Theni District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to implement the orders issued in L.Dis.4040/A- 5/2010 dated 21.01.2011 of the District Elementary Educational Officer, Theni within a specified time frame. For Petitioner : Mr.S.Visvalingam For Respondents : Mrs.S.Bharthy Government Advocate O R D E R This Writ Petition has been filed by the petitioner for a Writ of Mandamus, directing the first respondent to implement the orders issued in L.Dis.4040/A-5/2010 dated 21.01.2011 of the District Elementary Educational Officer, Theni within a specified time frame. 2. Heard Mr.S.Visvalingam, learned Counsel appearing for the petitioner and Mrs.S.Bharthy, learned Government Advocate appearing for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner has come forward with this petition under Article 226 of the Constitution of India seeking for the issuance of a Writ of Mandamus, to direct the first respondent, namely, the Assistant Elementary Educational Officer, Bodinayakanur, Theni District to implement the order passed by the District Elementary Educational Officer, Theni in L.Dis.4040/A-5/2010 dated 21.01.2011 within a specified time frame. https://hcservices.ecourts.gov.in/hcservices/ 5. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as Secondary Grade Assistant in the Government Aided R.P.Middle School, Bodi Meenakshipuram on 30.11.1988. Admittedly, she was sanctioned yearly increment in the old scale of pay, which was applicable to the Secondary Grade Assistant before the acceptance of Sixth Pay Commission Report. However, the petitioner's pay was also fixed as per the recommendation of the Sixth Pay Commission with effect from 01.01.2006. But the arrears of such refixation and further increment from 01.10.2007 to till date have not been sanctioned. As the second respondent has to send proposals for payment of Sixth Pay Commission arrears and further increments from 01.10.2007 in the cadre of Secondary Grade District to the District Elementary Educational Officer, Theni through proper channel the Assistant Elementary Educational Officer, Bodi, the second respondent failed to forward the proposal. 6. It appears that there was no such response from the second respondent, however, the petitioner made a written representation on 09.08.2010 to the Secretary of the R.P.Middle School, Bodi Meenakshipuram marking copies to all the higher authorities including the District Elementary Educational Officer, Theni. In the meanwhile, the petitioner also came to know that the District Elementary Educational Officer, Theni on 16.08.2010 instructed the Assistant Elementary Educational Officer, Bodinayakanur and the second respondent to take action on the representation made by the petitioner. Inspite of that, as on date, no effort or action was taken. As a result, the petitioner is waiting for a long time and no response whatsoever, has come from the respondents, hence the petitioner was constrained to come before this Court for filing the present Writ Petition. 7. The learned counsel for the petitioner has made a limited prayer to this Court that if a direction is given to the respondents to consider the case of the petitioner on the basis of the order passed by the District Elementary Educational Officer, dated 21.01.2011, the petitioner would be in a position to receive the arrears of refixation and other increments from 01.10.2007. 8. The learned Government Advocate appearing for the respondents states that the petitioner's representation would be duly considered on the basis of the instruction issued by the District Elementary Educational Officer in L.Dis.4040/A-5/2010, dated 21.01.2011, if sufficient time is granted by this Court. 9. Recording the said submissions of the learned Additional Government Pleader, this Court is constrained to grant four weeks time to consider the petitioner's representation on the basis of the order in L.Dis.4040/A-5/2010 dated 21.01.2011, issued by the District Elementary Educational Officer, Theni and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. 10. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Assistant Elementary Educational Officer, Bodinayakanur, Theni District. 2. The Secretary, R.P.Middle School, Bodinayakanur, Theni District. PS ssk/21.10.2011 /3c -3p/- W.P.(MD)No.11195 of 2011 11.10.2011 https://hcservices.ecourts.gov.in/hcservices/