Madras High CourtWP/15743/2022disposed of

S.Eunice Chandrothayam v. The Director Of School Education

2022-06-24Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.15743 OF 2022 S.Eunice Chandrothayam ... Petitioner Vs.

1. The Director of School Education, DPI Compound, College Road, Chennai 600 006.

2. The Chief Educational Officer, Tirupattur District, Tirupattur.

3. The District Educational Officer, Vaniyambadi, Thirupathur District.

4. The Administrator, India Evangelical Lutheran Church, No.47, Eldams Road, Teynampet, Chennai 600 018.

5. The Correspondent, Concordia Higher Secondary School, Ambur, Tirupattur District 635 802.

... Respondents Prayer : This writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 07.06.2022 and 14.06.2022, thereby direct the respondents to promote the petitioner as Head Mistress in the Concordia Higher Secondary School, Ambur with effect from 09.11.2017 with full back wages and monetary benefits.

For Petitioner :

Mr.L.Chandrasekar for Mr.B.Gopalakrishnan For Respondents :

Mr.T.Chezhiyan, Addl. Govt. Pleader for R1to R3.

ORDER

This petition has been filed to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 07.06.2022 and 14.06.2022 and to promote the petitioner as Head Mistress in the Concordia Higher Secondary School, Ambur with effect from 09.11.2017 with full back wages and monetary benefits.

2. By consent of counsels for both the parties, this writ petition is disposed of at the admission stage itself.

3. The petitioner is working as an in-charge Headmistress of Concordia Higher Secondary School, Ambur from 09.11.2017 and the above school is an aided school run by the Indian Evangelical Lutheran Church, which is a minority institution. According to the petitioner, she is a senior most person and her retirement falls on 30.06.2022. As per the Amended Constitution 2022 of the IELC/ 4th respondent, the petitioner is entitled to get the promotion. She gave representations to the respondents dated 07.06.2022 and 14.06.2022 to promote her as Head Mistress of the above said school. Though the representations were received, the respondents have not taken any action to give promotion. If the petitioner is promoted, she will get all the monetary benefits of full pledged Headmaster, permissible by the State Government. Hence this writ petition.

4. The learned Additional Government Pleader appearing for the petitioner submitted that, if any proposal is pending before the respondents, there is no impediment for the authorities concerned to consider the same and to pass appropriate orders in accordance with law.

5. Inview of the above submission and also considering the limited scope of prayer, and also taking into account that the petitioner's superannuation falls on 30.06.2022, without giving any opinion on merits, this Court is inclined to pass the following order.

i) The Chief Educational Officer/ second respondent is directed to consider the representation of the petitioner and to pass appropriate orders on its own merits and in accordance with law, if any such proposal is pending.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar mst To