M.Joseph Delphin Chandra v. The Director Of School Education,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :03.02.2020
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.2370 of 2020 M.Joseph Delphin Chandra ..Petitioner Vs.
1. The Director of School Education, DPI, College Road, Chennai 6.
2. The District Elementary Education Officer, Office of District Elementary Education, Salem.
3. The Assistant Elementary Education Officer, Office of Assistant Elementary Education Kolathur Union, Mettur Dam, Salem.
..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 26.08.2017 to regularise the petitioner service period from the date of the petitioner appointment in the Government Aided School namely, Fathima Girls High School, Gudalur dated 12.10.1990 by making changes in the present service record for availing old pension scheme benefit along with incidental benefits.
For Petitioner : Mr.K.Thiruvengadam For Respondents : Mrs. V.Annalakshmi Government Advocate
O R D E R
This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to consider the representation made by the petitioner and to regularise her service for the period from 1990.
2. The case of the petitioner is that she was appointed as Science Teacher in the Government Aided School at Nilgiris, in the year 1990. Her appointment was regularised and she was working in the School till the year 2010. Thereafter, the petitioner was selected and appointed as Teacher by the Teacher Recruitment Board and she was posted in a Government Aided School as per proceedings dated 15.09.2010.
3. The petitioner wants the respondents to make changes in the service records by adding the period between 1990 to 2010 when she was working as a Teacher in the Government Aided School at Nilgiris. The petitioner had made a representation to the respondents in this regard on 26.08.2017. It is also seen that the District Education Officer, Nilgiris District, has also been directed to transfer the entire amount that is standing to the credit of the petitioner while she was working as Teacher for the period from 1990 to 2010. Since the representation made by the petitioner was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.
4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
5. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 26.08.2017 and pass appropriate orders, in accordance with law within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with copy of the representation dated 26.08.2017 and a copy of this order.
6. This writ petition is disposed of with the above directions. No costs.
s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar jv To
1. The Director of School Education, DPI, College Road, Chennai 6.
2. The District Elementary Education Officer, Office of District Elementary Education, Salem.
3. The Assistant Elementary Education Officer, Office of Assistant Elementary Education Kolathur Union, Mettur Dam, Salem.
+1 CC to Mr.K.Thiruvengadam, Advocate sr 8000. +1 CC to The Govt. Pleader sr 8580.
W.P.No.2370 of 2020 MR(CO) SP(27/02/2020)