M.Karunamai v. The Correspondent

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.10220 of 2002

ORDER

This writ petition is filed seeking to issue a Writ of Mandamus directing the respondents to regularize the services of the petitioner in the post of Record Assistant. Heard Sri V.Raghu, learned counsel appearing for the petitioner and Learned Government Pleader for School Education appearing for the respondents.

It is the case of the petitioner that she was appointed as Record Assistant on 02.11.1985 in the 1st respondent-School in an un-aided post and later, she was absorbed in aided post on 30-06-1990. While working as such, due to domestic problems, she applied for leave for a period of five years from 13.06.1996 and the same was sanctioned by the 1st respondent. The grievance of the petitioner is that for the service rendered by her from 30-06-1990 to 12.06.1996, salary and other benefits were not paid to her by the 1st respondent. Learned Government Pleader appearing for the respondents contends that the post in which the petitioner worked is not a grant-in-aid and the same was not approved by the competent authority. Therefore, it is for the 1st respondent to pay salary, if at all the petitioner is entitled for any salary for the period from 30.06.1990 to 12.06.1996.

Having considered the rival submissions made by the learned counsel on either side, without expressing any opinion on the merits of the case, liberty is given to the petitioner to submit a representation to the 1st respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of such representation, the 1st respondent shall consider the same and pass appropriate orders thereon within a period of four weeks thereafter.

Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 29th August, 2018 rkk