V.Vinitha v. The Joint Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN V.Vinitha ... Petitioner Vs

1. The Joint Director, Educational Department, Egmore, Chennai - 600 006.

2. The Chief Educational Officer, Udhagamandalam, Nilgiris District - 643 006.

3. The Teachers Recruitment Board, DPI Compound, College Road, Chennai - 600 006.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to declare the completion of the probation period to the petitioner and consequently direct the 1st respondent to calculate and pay the eligible increments and service benefits accrued to the petitioner.

For Petitioner : Mr.S.Karthikeyan 1/6

For Respondents : Mrs. S.Mythreye Chandru, Special Government Pleader (Edu.) (for R1 & R2) Mr. C.Kathiravan, Standing Counsel (TRB) (for R3)

ORDER

This Writ Petition has been filed for directing the respondents to declare the completion of the probation period to the petitioner and consequently direct the 1st respondent to calculate and pay the eligible increments and service benefits accrued to the petitioner.

2. The case of the petitioner is that she was appointed as a BT Assistant on 25.09.2014 at Government High School, Nunthala, Nilgiris District through examination conducted by the third respondent. The petitioner joined the duty on 26.09.2014 and worked in various schools due to transfers. When the petitioner had completed 2 years of service, the second respondent ought to have declared probation. Though her service was regularized on 27.05.2016, the second respondent has not declared her probation of service. Now, the petitioner is working in Government High School, Aravenu, Kothagiri. The representation and 2/6

reminders made by the petitioner through proper channel to the second respondent seeking declaration of probation were forwarded to the first respondent vide Na.Ka.No.3706/A4/2024. Therefore, as the representation and reminders did not evoke any response, it has necessitated the filing of this Writ Petition.

3. The learned counsel for the petitioner would submit that the petitioner was working as BT Assistant for the past 10 years and still her probation is not declared. Therefore, the petitioner could not receive any service benefits. As the petitioner has completed 10 years of unblemished service, she is also entitled to be considered for selection grade and she has also completed the Departmental examination for promotion purposes. Therefore, he prays that the Writ Petition may be allowed.

4. The learned Special Government Pleader appearing for the first and second respondents would submit that the petitioner's claim would be duly considered by the competent authority in accordance with law. 3/6

5. Considering the facts of the case and the submissions made by either side counsel, this Court directs the respondents to consider the petitioner's claim and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this Order.

6. With the above directions, this Writ Petition is disposed of. No costs.

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To

1. The Joint Director, Educational Department, Egmore, Chennai - 600 006.

2. The Chief Educational Officer, Udhagamandalam, Nilgiris District - 643 006.

3. The Teachers Recruitment Board, DPI Compound, College Road, Chennai - 600 006.

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V.BHAVANI SUBBAROYAN,J.

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