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Madras High CourtWP/29755/2013disposed of

A.A.Fathima Barzana v. The Director Of Elementary

2020-07-31Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 31.07.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NO. 29755 OF 2013 A.A.Fathima Barzana .. Petitioner - Vs - 1.The Director of Elementary School Education, DPI campus, College Road, Chennai.

2.Darssulam Primary School, Kadaiyanallur, Tirunelveli District .. Respondents (R2 Suomoto impleaded as per order in W.P.No.29755/13 dated 04.11.2013) Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ o Mandamus, directing the respondent to consider the petitioner's representation dated. 18.11.2012 and dispose the same at an early date. For Petitioner : M/S.S.Y.Masood.

For Respondents: Mr. S.Sureshkumar, G.A. For R1 : Mr. Ashwini Raman for R2

ORDER

According to the petitioner, the petitioner was working as a Teacher in Darusalam School at Kadayanallur from2.9.2009. Since the petitioner was on maternity leave from 28.5.2012 to 27.11.2012 and subsequently joined on 28.11.2012, however, to her shock and surprise, inspite of her submitting all the medical certificates, the petitioner's name was removed from the staff register. Aggrieved against the same , she made a representation on 18.11.2012, which was not considered which prompted her to file the present petition.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

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3.Learned Government advocate appearing on behalf of the respondents submitted that on an earlier occasion, the petitioner made a representation, however the said representation was answered on 11.9.2012, stating that no application was pending with the District Education Officer relating to approval of Teacher appointment. Even thereafter the petitioner made a representation on 18.11.2012 to the respondent. However, that said representation will be considered within the time frame fixed by this Court, if it is available on the file.

4. Considering the limited prayer sought for in the present petition this Court is inclined to issue a direction to the 1st respondent/ the Director of School Education, to consider the petitioner's representation dated 18.11.2012, in accordance with the law and pass appropriate orders within a period of three months from the date of receipt of copy of the copy of the representation filed by the petitioner. For ready reference, the petitioner is directed to send the representation along with the copy of this order to the 1st respondent with a period of two weeks from the date of receipt of a copy of this order. 5.With the above direction, the present writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jrs To 1.The Director of Elementary School Education, DPI campus, College Road, Chennai.

+1cc To The Government Pleader, Sr.No. 25973 W.P. NO.29755 OF 2013 SKS(CO) RMP(31/08/2020) https://hcservices.ecourts.gov.in/hcservices/