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Madras High CourtWP/2505/2023disposed of

S.Sivakami v. The Director Of School Education

2023-02-02Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.2505 of 2023 and W.M.P. No.2602 of 2023 S.Sivakami Petitioner vs.

1.The Director of School Education, College Road, Nungambakkam, Chennai - 600 034.

2.The Chief Educational Officer, Kallakurichi District - 606 402.

3.The District Educational Officer, Sankarapuram, Kallakurichi District - 606 402.

4.The Assistant Elementary Education Officer, Sankarapuram, Kallakurichi District - 606 402.

5.Aided Elementary School, Ramarajapuram, Sankarapuram, Kallakurichi District - 606 402.

6.Dhanam Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to grant

compassionate appointment to the petitioner as per representation and application dated 5.8.2020, 17.8.2020.

For Petitioner : Mr.T.Sezhian For Respondents : Mrs.M.Jayanthi Additional Government Pleader for R1 to R5

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the applications/representations made by the petitioner wherein, the petitioner has sought for grant of compassionate appointment.

2.The case of the petitioner is that her husband was working as an Intermediate Teacher from the year 2007. While he was in service, he passed away in the year 2019, leaving behind the petitioner and two minor sons. 3.The petitioner made a representation on 05.08.2020 seeking for compassionate appointment. The petitioner is a graduate in Micro-Biology from Bharathidasan University and she has also obtained B.Ed., degree.

4.The grievance of the petitioner is that the representation made by the petitioner has not been considered and every time a query has been put by the respondents, the same was duly answered and in spite of the same, there is no progress in considering the application submitted by the petitioner. Left with no other alternative, the present writ petition has been filed before this Court seeking for appropriate directions.

5.Heard Mr.T.Sezhian, learned counsel appearing on behalf of the petitioner and Mrs.M.Jayanthi, learned Additional Government Pleader appearing on behalf of the respondents.

6.The learned Additional Government Pleader appearing on behalf of respondents 1 to 4 submitted that the application made by the petitioner is now under consideration before the 4th respondent and a decision will be taken within the time limited fixed by this Court. 7.Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner is in dire straits with two minor sons to be taken care of, there shall be a direction to the 4th respondent to immediately act upon the application submitted by the petitioner and take a decision, within a

period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 4th respondents along with all the relevant documents and also a copy of this order. 8.It is also brought to the notice of this Court that the benefits that are due and payable to the petitioner after the demise of her husband, is yet to be settled. Any such amount that is due and payable to the petitioner is also to be settled, within a period of four weeks from the date of receipt of copy of this order.

9.In the result, this writ petition is disposed of with the above direction. No Costs. Consequently, connected miscellaneous petition is closed. 02.02.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The Director of School Education, College Road, Nungambakkam, Chennai - 600 034.

2.The Chief Educational Officer, Kallakurichi District - 606 402.

3.The District Educational Officer, Sankarapuram, Kallakurichi District - 606 402.

4.The Assistant Elementary Education Officer, Sankarapuram, Kallakurichi District - 606 402.

5.Aided Elementary School, Ramarajapuram, Sankarapuram, Kallakurichi District - 606 402.

N. ANAND VENKATESH, J.

ssr W.P No.2505 of 2023 and W.M.P. No.2602 of 2023 02.02.2023