A.Rajeswari, v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.11510 of 2016 A.Rajeswari W/o.R.Rajendran ... Petitioner -vs1. The State of Tamil Nadu, represented by its Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2. The Director of Elementary Education, Chennai - 600 006.

3. The District Elementary Educational Officer, Namakkal.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the third respondent herein to consider the petitioner's representations dated 01.12.2014 and 19.10.2015 and reminder representation dated 10.03.2016 in the light of the Tamil Nadu Government Fundamental Rules 54, 54-A, 54-B and 54(5) (i), within the time framed fixed by this Court. For Petitioner : Mr.A.Rajakumar For Respondents: Mr.A.Kumar Special Government Pleader *****

O R D E R

Mrs.A.Rajeswari, the petitioner herein, was appointed as the Higher Grade Teacher in Mohanur Panchayat Union Elementary School by the third respondent on the basis of her qualification. However, without giving notice, the petitioner was terminated from service by the third respondent vide order dated 17.01.1989 on the ground that the petitioner did not possess the requisite qualification. This Court, under orders in W.P.No.5855 of 2007 dated 29.11.2011, directed the third https://hcservices.ecourts.gov.in/hcservices/

respondent to appoint the petitioner as the Secondary Grade Teacher to handle classes 1 and 2 in terms of G.O.Ms.No.172, School Education Department dated 31.10.2002. Pursuant thereto, the petitioner was appointed as Higher Grade Teacher by order dated 20.09.2014 made in Roc.No.5895/A3/2007. The petitioner has given representations to the respondents to consider her case as per Rules 54, 54-A and 54-B of the Tamil Nadu Government Fundamental Rules. Since no action has been taken on her representations, the petitioner has filed the present writ petition.

2. Mr.A.Kumar, the learned Special Government Pleader, takes notice for the respondents and sought eight weeks time to consider the representations of the petitioner.

3. Considering the submissions made, this Court directs the third respondent to consider the representations of the petitioner and pass 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.

This Writ Petition is disposed of with the above direction. No costs.

gm s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2. The Director of Elementary Education, Chennai - 600 006.

3. The District Elementary Educational Officer, Namakkal.

+ 1 cc to M/s.A.Rajakumar, Advocate, SR 19246 + 1 cc to Govt.Pleader, High Court, Madras SR 19716 ak(co) prk13/4 W.P.No.11510 of 2016 https://hcservices.ecourts.gov.in/hcservices/