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Madras High CourtWP/2878/2021withdrawn dismissed

M.Kalaichelvi v. The State Of Tamil Nadu

2021-02-10Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.02.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.2878 of 2021 M.Kalaichelvi

...Petitioner

Vs.

1.

The State of Tamil Nadu, rep. by Secretary to Government, Education Department, Secretariat, Chennai 600 009.

2.

The District Collector, Coimbatore District, Coimbatore.

3.

The Director of School Education, College Road, Chennai 600 006.

The District Educational Officer, Collectorate Complex, 6th Floor, Palladam Road, Tirupur.

...Respondents

Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the Respondents to regularize the Petitioner's service with effect from the date of initial appointment, i.e. 08.07.2003 with all monetary and service benefits by considering the Petitioner's representation dated 03.10.2019.

For Petitioner :

Ms.M.Rakhi For Respondents :

Mr.P.Raja, Government Advocate

O R D E R

Petitioner has come up with this Writ Petition seeking a direction to the Respondents to regularize her service with effect from the date of initial appointment, i.e. from 08.07.2003 with all monetary and service benefits by considering her representation, dated 03.10.2019.

2.

Pursuant to the order dated 08.12.2017 passed by this Court in W.P.No.31879 of 2017, the 3rd Respondent passed an order dated 16.04.2018 rejecting the request of the Petitioner. Aggrieved by the said order, the Petitioner has come up with this Writ Petition with the above prayer.

3.

Directing the Respondents to consider the Petitioner's representation is not going to yield any result, as a decision has already been taken by the 3rd Respondent, as stated supra. Hence, the learned counsel for the Petitioner sought permission of this Court to withdraw the Writ Petition with liberty to file a fresh Writ Petition challenging the order dated 16.04.2018 passed by the 3rd Respondent, if not done earlier. In view of the above, this Writ Petition is dismissed as withdrawn with liberty to the Petitioner to challenge the order dated 16.04.2018 passed by the 3rd Respondent, if not done earlier. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar (aeb) To:

1.

The Secretary to Government, State of Tamil Nadu, Education Department, Secretariat, Chennai 600 009.

2.

The District Collector, Coimbatore District, Coimbatore.

3.

The Director of School Education, College Road, Chennai 600 006.

The District Educational Officer, Collectorate Complex, 6th Floor, Palladam Road, Tirupur.

+1cc to Mr.M.Rakhi, Advocate, S.R.No.7510 +1cc to the Government Pleader, S.R.No.7818 W.P.No.2878 of 2021 RSV(CO) KKV/01/03/2021