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Madras High CourtWP/21363/2013disposed of

K.Malini v. The District Educational

2017-07-14Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.07.2017

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.21363 of 2013 K.Malini ... Petitioner Vs.

1.The District Educational Officer, Thirupathur - 635 601.

2.The Secretary, School Committee, 3.The Headmaster,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue of Writ of Mandamus to direct the respondents to draw and disburse the monthly salary due to the petitioner from 01.07.2012 to 31.05.2013 (Extension of Service) and also settle the retirement benefits due to the petitioner within a reasonable time.

For Petitioner :M/s.M.Muthappan For Respondents:Mr.R.Govindasamy Special Government Pleader Mrs.M.E.Rani Selvam Additional Government Pleader

ORDER

The writ petition has been filed by the petitioner seeking for issuance of writ of Mandamus to direct the respondents to draw and disburse the monthly salary due to the petitioner from 01.07.2012 to 31.05.2013 (Extension of Service) and also settle the retirement benefits due to the petitioner within a reasonable time.

2. I heard the submissions of M/s.M.Muthappan, learned counsel appearing for the petitioner and Mrs.M.E.Rani Selvam learned Additional Government Pleader appearing for the respondents.

3. The Respondents 2 and 3 have filed the counter affidavit in which it is stated that already a proposal has been sent for regularisation of the petitioner's service from 01.07.2012 till 31.05.2013. On receipt of the same, the first respondent by his letter in Na.Ka.No.3910/A2/2017 dated 11.07.2017 stating that due to the pending disposal of the writ petition, the request made by the petitioner for regularisation of her service from 01.07.2012 till 31.05.2013 is subject to the result of the writ petition.

4. When the matter is taken up for hearing today, the learned Additional Government Pleader produced a copy of the letter sent by the first respondent.

5. In view of the submission and the document produced by the first respondent dated 11.07.2017, I am inclined to dispose of the writ petition.

6. Accordingly, the writ petition is disposed of by directing the first respondent to consider the proposal sent by the second respondent dated 02.07.2017, by giving personal opportunity to the petitioner and to pass appropriate orders, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar ub To 1.The District Educational Officer, Thirupathur - 635 601.

2.The Secretary, School Committee,

3.The Headmaster, +1 Cc to Mr.M. Muthappan, Advocate sr 49524.

+1 Cc to Mr.V.R. Rajasekaran, Advocate sr 49341. +1 Cc to Govt. Pleader sr 49877 W.P.No.21363 of 2013 MR(CO) sp(09/10/2017)