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Madras High CourtWP/17632/2013disposed of

Mrs.Chinnapillai v. The Chief Education Officer,

2020-09-11Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.17632 of 2013 Mrs.Chinnapillai ... Petitioner Vs.

1.Chief Education Officer, Perambalur District, Perambalur.

2.The Headmaster, Government Higher Secondary School, Perambalur 621 212.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider and dispose of the petitioner's representation dated 2.11.2012 on merit within such time that may be fixed by this Hon'ble Court.

For Petitioner : No Appearance For Respondents: Mr.S.Suresh Kumar Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the first respondent to consider and dispose of the petitioner's representation dated 02.11.2012 on merits, within such time that may be fixed by this Court.

2.On 04.09.2020, when the writ petition was listed, there was no representation for the petitioner. Today also there is no representation for the petitioner. It seems that the first counsel on record for the petitioner has been designated as Senior Advocate, however, even the other counsels on record for the petitioner did not appear today to represent the case.

Hence, considering the pendancy of the writ petition, this Court decides to proceed with the case with the materials available on record.

3.In the affidavit it has been stated that the petitioner is a destitute widow and she belong to Hindu Nathaman Community which is a backward community and a permanent resident of Perambalur District. The petitioner's husband passed away on 10.08.2001. The petitioner has been working as Sweeper in the second respondent School as temporary staff for ten years till the year 2012. A permanent staff was appointed in the year 2012 and the petitioner was terminated from the job. Hence, the petitioner made representation dated 02.11.2012 to the first respondent seeking to appoint her as Sweeper in any one of the Schools in Perambalur District and since there is no response, has filed this writ petition.

4.In the counter affidavit filed by the second respondent it is stated that the petitioner worked as temporary Sweeper for five months from January, 2011 to May, 2011 under the second respondent. Thus, she cannot claim any right regarding appointment of Sweeper post.

5.Considering the limited relief sought for in this writ petition, this Court directs the first respondent to consider and dispose of the petitioner's representation dated 02.11.2012 on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order so as to enable the petitioner to work out the remedy in the manner known to law.

6.This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To 1.The Chief Education Officer, Perambalur District, Perambalur.

2.The Headmaster, Government Higher Secondary School, Perambalur 621 212.

+1cc to the Government Pleader SR.29909 W.P.No.17632 of 2013 AJS(CO) CB(19/10/2020)