T.Gajalakshmi, v. The Secretary To The Govt,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 30.06.2016
CORAM
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.22481 of 2016 & W.M.P.No.19194 of 2016 T.Gajalakshmi .. Petitioner Vs.
1.The Secretary to the Government, School Education Department, Fort St.George, Chennai - 600 009.
2.The Director of Elementary Education, EVK Sampath Building, Nungambakkam, Chennai - 600 006.
3.The District Elementary Educational Officer, Nagapattinam, Nagapattinam District.
4.The Assistant Elementary Educational Officer, Vedaranyam, Vedaranyam Taluk, Nagapattinam District.
5.The Secretary, Vinayagar Aided Elementary School, Pandaranthankadu, Pushpavanam, Vedaranyam Taluk, Nagapattinam District.
.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to disburse the incentive increments and arrears to the petitioner based on the representation of the petitioner dated 01.04.2016.
For Petitioner : Mr.V.Kasinatha Bharathi For Respondents : Mr.S.Gunasekaran Additional Government Pleader
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to disburse the incentive increments and arrears to the petitioner based on the representation of the petitioner dated 01.04.2016. 2.The petitioner joined service as Secondary Grade Teacher in the fifth respondent School in the year 1993. Based on certain allegations, she was issued with a show cause notice dated 24.03.2016, directing her to submit a reply for clarifying her medical leave within a period of seven days. She sent her reply on 10.04.2016 to the fifth respondent School through her counsel. According to the petitioner, she made a representation to the respondents on 01.04.2016 but till date no orders have been passed and hence, the Writ Petition has been filed. 3.Mr.V.
Kasinatha Bharathi, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if her representation is directed to be considered and appropriate orders are passed as expeditiously as possible. 4.Mr.S.Gunasekaran, the learned Additional Government Pleader for the respondents has got no serious objection for directing the third respondent, who is the competent authority to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law. 5.Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the third respondent, to consider the representation of the petitioner, dated 01.04.2016, and pass appropriate orders, on merits and in accordance with law.
It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner. 6.The Writ Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar
To 1.The Secretary to the Government, School Education Department, Fort St.George, Chennai - 600 009.
2.The Director of Elementary Education, EVK Sampath Building, Nungambakkam, Chennai - 600 006.
3.The District Elementary Educational Officer, Nagapattinam, Nagapattinam District.
4.The Assistant Elementary Educational Officer, Vedaranyam, Vedaranyam Taluk, Nagapattinam District.
5.The Secretary, Vinayagar Aided Elementary School, Pandaranthankadu, Pushpavanam, Vedaranyam Taluk, Nagapattinam District.
+1cc Mr.Ln.V.Kasinathan Bharathi, Advocate Sr.36925 +1cc to the Government Pleader Sr.37515 W.P. No.22481 of 2016 ca[co] srg 05/07/2016