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Madras High CourtWP/489/2017disposed of

V.Sudha, v. The Secretary To Government

2017-01-09Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2017

CORAM

THE HON'BLE Mr. JUSTICE M.SATHYANARAYANAN W.P.No.489 of 2017 and W.M.P.No.524 of 2017 V.Sudha

...Petitioner

-Vs1. The Secretary to Government, School Education department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Director, School Education Department,, DpI Campus, Chennai - 600 006.

3. The Chief Educational Officer, Krishnagiri District, Krishnagiri.

4. The Registrar, Periyar University, Salem - 636 011.

...Respondents

This petition is filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the 2nd respondent to fix the seniority to the petitioner with effect from 17.12.2012 on par with the persons who got appointment on 17.12.2012 pursuant to Tamilnadu Teacher Eligibility Test Supplementary-2012 (Graduate Assistants) Department of School education and consequently sanction the back wages from 17.12.2012 to 14.11.2013.

For Petitioner : Mr.M.Rajendiran For Respondents : Mr.K.Dhananjayan Spl.Govt.Pleader for R1 to R3 Mr.P.Sanjai Gandhi for R4.

O R D E R

By consent the writ petition is taken up for final disposal.

2. The petitioner is having qualification of B.Sc., Mathematics-Computer Application as well as B.Ed., degree and in pursuant to the publication issued for conduct of Teachers Eligibility Test (TET), the petitioner had applied and participated and he has secured 96 marks out of 150 and as such, the petitioner would state that she was eligible to be called for certificate verification. The petitioner had attended the certificate verification on 07.11.2012 but she was not selected in the post of Graduate Assistant. The petitioner, in this regard has filed a writ petition in W.P.No.33461/2012 before this Court and prayed for issuance of Writ of Mandamus and to pass orders directing the Teachers Recruitment Board (TRB) to select her to the post of Graduate Assistant in the Tamil Nadu Teachers Eligibility Test Supplementary-2012 by citing G.O.

(1D) No.260 Higher Education (H1) Department dated 15.09.2012 which described that M.Sc., Mathematics-Computer Application is equivalent to M.Sc., Mathematics. The petitioner also placed GO.No.72 of the very same Department in support of her claim. The Teachers Recruitment Board, by proceedings dated 06.11.2013, has directed her to approach the 2nd respondent and the 2nd respondent issued appointment order on 12.11.2013 directing her to join in the Government Higher Secondary School (Girls), Krishnagiri District.

3. The grievance expressed by the petitioner is that because of the mistake committed by the respondents, she suffered loss of service for nearly 11 months and she also submitted a representation dated 09.12.2016 to the respondents to fix her seniority on par with the persons who succeeded in the selection and joined service on 17.12.2012 with arrears of salary from the said date till 14.01.2013 but inspite of receipt and acknowledgement, it is yet to be favoured with any kind of response. Hence, the petitioner has come forward to file this writ petition.

4. Heard the submission of the learned counsel for the petitioner and Mr.K.Dhananjayan, learned Special Government Pleader who accepts notice on behalf of respondents 1 to 3 and Mr.P.Sanjai Gandhi, learned counsel who accepts notice on behalf of the 4th respondent.

5. Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances, without going into the merits of the claim projected by the petitioner either in the representation or in the writ petition, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 09.12.2016 on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi To

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

2. The Director, School Education Department,, DpI Campus, Chennai - 600 006.

3. The Chief Educational Officer, Krishnagiri District, Krishnagiri.

4. The Registrar, Periyar University, Salem - 636 011. +1cc to Mr.M. Rajendran, Advocate, S.R.No.2209 +1cc to the Government Pleader, S.R.No.2215 nmi(CO) md(31/01/2017) W.P.No.489 of 2017