P.Aroquaissamy v. The Director of School Education

ORDER This writ petition has been filed seeking the issuance of a writ of mandamus directing the respondents to grant the petitioner, the Financial Upgradations under the Modified Assured Careeer Progression Scheme 2008, namely first MACP with effect from 01.09.2008 and 2ndMACP with effect from 08.06.2018 and grant him all consequential benefits including payment of arrears.

¶2It is the case of the petitioner that he is working as a Librarian at St. Mary's Higher Secondary School, Karaikal, an aided school receiving grant-in-aid from the Government of Puducherry. The petitioner was initially appointed as Librarian on 08.06.1998 with a pay scale of Rs.5000–150–8000 plus allowances as per the Grant-in-Aid Code Rules by

the

Correspondent

of

the

school. His appointment was ratified by the Director of Education, Government of Puducherry,

in

proceedings

dated

10.03.1999. Subsequently, the revised pay scale of Rs.5500–175–9000 for the post of School Librarian was granted with effect from 08.06.1998 and approved by the Directorate of School Education in proceedings dated 03.03.2000. Page3 of 6 The petitioner has been serving for more than 27 years in the same post without any promotion. The Modified Assured Career Progression

(MACP) Scheme, notified by the Government of India on 19.05.2009 with effect from 01.09.2008, provides financial upgradation after 10, 20 and 30 years of service to employees who stagnate without promotion.

¶3It is the further case of the petitioner that as per G.O.Ms.No.126 dated 14.10.2003, whereby Rule 55A was inserted in the Puducherry School Education Rules, 1996, the employees of aided schools receiving staff grant are entitled to the benefits admissible to the corresponding categories of Government employees. Similar benefits have also been extended earlier to Trained Graduate Teachers and other staff, including a School Librarian. Therefore, the petitioner became eligible for first financial upgradation under the MACP Scheme with effect from

01.09.2008 (on completion of 10 years of service) and second financial upgradation with effect from 08.06.2018 (on completion of 20 years of service). However, the said benefits have not been granted to the petitioner despite submitting representations dated 01.03.2017 and 25.04.2024. Page4 of 6

¶4Heard the learned counsels on either side and perused the materials available on record.

¶5Considering the facts and circumstances of the case, this Court directs the respondents to consider the petitioner's representations dated 01.03.2017 and 25.04.2024 in the light of G.O.Ms.No.126 dated 14.10.2003 and the proceedings of the Deputy Director of Education, New Delhi dated 19.05.2012, and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

¶6Accordingly, this writ petition is disposed of. No costs. 16-03-2026 SRN To The Director of School Education Puducherry 605 005 Page5 of 6 P.T.ASHA J. SRN 16-03-2026 Page6 of 6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA P.Aroquaissamy ..Petitioner(s) Vs 1. The Director of School Education Puducherry 605 005 2. The Correspondent, ST Marys Higher secondary School, Karaikal 609 602 ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to grant the petitioner, the Financial Upgradations under the Modified Assured Careeer Progression Scheme 2008, namely first MACP with effect from 01.09.2008 and 2ndMACP with effect from 08.06.2018 and grant him all consequential benefits including payment of arrears. For Petitioner(s): Mr.P.Rajendran For Respondent(s): Mr.Syed Mustafa Special Government Pleader (Puducherry) for R1 Page2 of 6