Tmt. S.Ganga, v. The District Elementary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.M.SUNDRESH W.P.No.9762 of 2013 and M.P.Nos.1 and 2 of 2013 S.Ganga Headmistress, Bharathi Aided Elementary School, Theearthampalayam, Cuddalore District.

... Petitioner Vs.

1.The District Elementary Education Officer, Cuddalore.

2.The Addl. Assistant Elementary Educational Officer, Bhuvanakiri, Cuddalore District.

3.Bharathi Aided Elementary School, rep. by the Secretary, Theerthampalayam, Cuddalore District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari calling for the entire records connected with the impugned order by the 2nd respondent vide Na.Ka.No.632/A1/2010 dated 14.12.2012, confirmed by the order of the 1st respondent in O.Mu.8101/A7/2012, dated 13.02.2013 and quash the same.

For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.V.Shanmughasundar Govt. Advocate for R1 to R3

O R D E R

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

2. The petitioner is working as Headmistress in Bharathi Aided Elementary School, Theerthampalayam, Cuddalore District. By the impugned proceedings, re-fixation of scale of pay has been made on the ground that the petitioner was wrongly given selection grade. Challenging the same, the present writ petition has been filed.

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3. A perusal of the impugned order would show that though it has a civil consequences, the petitioner has not been heard. Hence, on the ground of violation of principles of natural justice, this Court is inclined to set aside the impugned order and accordingly, the same is set aside.

4. The writ petition is disposed of with a direction to respondents to issue a show cause notice to the petitioner, receive her reply and thereafter, pass final orders on merits and in accordance with law. The said exercise is directed to be completed by the respondents within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, M.P.Nos.1 and 2 of 2013 are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The District Elementary Education Officer, Cuddalore.

2.The Addl. Assistant Elementary Educational Officer, Bhuvanakiri, Cuddalore District.

3.The Secretary, Bharathi Aided Elementary School, Theerthampalayam, Cuddalore District.

1 cc to Mr. S.N.Ravichandran,Advocate, SR.No.16403 W.P.No.9762 of 2013 vd9co) pmk.15.4.2015 https://hcservices.ecourts.gov.in/hcservices/