S.Geetha Ramani v. The Joint Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.38228 of 2015 S.Geetha Ramani

...Petitioner

Vs.

The Joint Director of School Education (Personnel), College Road, Chennai-600 006.

...Respondent

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to sanction and pay annual increment to the petitioner for the period falling from 01.07.2002, 01.07.2003 and 01.07.2004 in the light of the order passed by the Division Bench of this Court on 12.08.2004 in W.P.No.11641 of 2003, Order passed by the Government in G.O.(3D) No.21, School Education (S1) Department dated 05.03.2012, G.O.(1D) No.251, School Education Department dated 07.08.2013 and by considering her representation dated 05.03.2015 within a time to be specified by this Court. For Petitioner : Mr.S.Mani For Respondent : Mr.V.Jayaprakash Narayanan Special Govt.Pleader

O R D E R

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

2. The case of the petitioner is that on 07.08.1996, she was appointed on compassionate grounds as Junior Assistant cum Typist and her service was terminated on 01.07.2002 on the ground that she was born through second wife of her father. As per the order of the Division Bench of this Court in W.P.No.11641 of 2003, she is entitled for 50% of the wages and she shall be deemed into service from the date of termination. However, the respondent has not granted increments for the years 2002, 2003 and 2004 and therefore, the petitioner submitted a https://hcservices.ecourts.gov.in/hcservices/

representation to the respondent dated 05.03.2015. Since it was not considered, the present writ petition has been filed.

3. Heard Mr.S.Mani, learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader for the respondent.

4. This Court, in the light of the above facts and circumstances, permits the petitioner to submit one more representation to the respondent by enclosing a copy of this order as well as copy of the relevant records within a period of two weeks from the date of receipt of a copy of this order. The respondent, on receipt of the same, is directed to consider the said representation on merits and in accordance with law and pass appropriate orders within a period of eight weeks therefrom and communicate the decision taken, to the petitioner. With the above said directions, the writ petition is disposed of. No costs.

sms Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The Joint Director of School Education (Personnel), College Road, Chennai-600 006.

+ 1 cc to Mr.S.Mani, Advocate Sr 65136.

AK/CO KR/10/12 W.P.No.38228 of 2015 https://hcservices.ecourts.gov.in/hcservices/