Kondamma, v. The Government Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.22700 of 2015 Kondamma ... Petitioner Vs.

1. The Government of Tamil Nadu rep.by the Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009,

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

3. The District Educational Officer, Chennai North, Chennai - 600 008,

4. The Correspondent, Kerala Vidyalayam Higher Secondary School, 903, Poonamallee High Road, Chennai - 600 084.

... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the first respondent to sanction a post of full time Sweeper to the fourth respondent school with effect from the date of appointment of the petitioner, namely, 1.3.1976 and absorb her in the said post with effect from the said date and grant her all consequential benefits. For Petitioner : Mr.P.Mohanraj For Respondents : Mr.S.Navaneethan,AGP

ORDER

This writ petition has been filed by Kondamma under Article 226 of the Constitution of India seeking direction to the first

respondent to sanction a post of full time Sweeper to the fourth respondent school with effect from the date of appointment of the petitioner, namely, 1.3.1976 and absorb her in the said post with effect from the said date and grant her all consequential benefits.

2. The petitioner is working as part-time scavenger in Kerala Vidyalayam Higher Secondary School, Chennai - 84 and she was appointed on 1.3.1976 when the said School was a High School at a pay of Rs.18/- per month. She has been working for full time from morning to evening though her designation has been shown as part time scavenger and now drawing a monthly pay of Rs.1,305/- and due to retire from service in another two years. She has made a misrepresentation to the District Educational Officer, North Chennai on 16.12.2014 through the Correspondent, Kewrala Vidyalaya Higher Secondary School requesting for sanction of a full time post with effect from the date of her appointment. But till date, the respondents have not considered, although the petitioner is having two years left for retirement. Hence, the present writ petition is filed.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3.

4. Though the petitioner has sought for a larger prayer, considering the submission made by the learned counsel for the petitioner to direct the 3rd respondent to consider the representation of the petitioner, this Court, without going into the merits of the matter, directs the 3rd respondent to consider the petitioner's representation dated 16.12.2014 and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of copy of this order.

5. The writ petition stands disposed of accordingly. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

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

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

3. The District Educational Officer, Chennai North, Chennai - 600 008,

4. The Correspondent, Kerala Vidyalayam Higher Secondary School, 903, Poonamallee High Road, Chennai - 600 084.

+1cc to Mr.P.Rajendran, Advocate sr.39603 +1CC TO The Government Pleader sr.38719 W.P.No.22700 of 2015 rj[co] srg 07.08.2015