R.Barani, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 10.08.2018

CORAM

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.7419 of 2015 and W.P.Nos.1 & 2 of 2015 R.Barani ..

Petitioner Vs

1. The State of Tamil Nadu rep. by its Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai 600 009

2. The Director of Elementary Education, College Road, Nungambakkam, Chennai 600 006

3. The District Elementary Educational Officer, Villupuram District, Villupuram

4. The Additional Assistant Elementary Education Officer, Gingee Range, Gingee 604 002, Villupuram District

5. The Assitant Elementary Educational Officer, Gingee Range, Gingee 604 202 Villupuram District ..

Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents herein to absorb the petitioner as Headmistress of Elementary School in the newly opened Panchayat Union Primary School at Athiyur Village, Gingee Panchayat Union, Villupuram District along with service protection, also with all other attend benefits to petitioner.

For Petitioner : Mr.J.Selvarajan For Respondents : Mrs.P.Kavitha, Government Advocate

ORDER

The petitioner's grievance is that while she was working as Secondary Grade Assistant in Aided Elementary School, Athiyur, she was deployed in view of the depleted strength of students in the said school, but no order with regard to her permanent absorption having been passed, she has come to this court seeking a direction for permanent absorption. This Court while issuing notice passed an interim order not to disturb the petitioner from the present place of working till the permanent absorption.

2. Counter affidavit has been filed by the respondents indicating that the petitioner is entitled to permanent absorption.

3. During the course of hearing, the learned counsel for the petitioner submits in spite of the aforesaid stand of the respondents the permanent absorption order is yet to be passed and accordingly direction be given to the respondents to pass the same within a stipulated time.

4. The learned counsel for the respondents submits that they have submitted the connected file to the first respondent Government and the Government order is expected to come out within two weeks indicating petitioner's permanent absorption and there is no dispute that the petitioner is entitled to permanent absorption.

5. Considering the aforesaid facts and submissions made, this Court disposes of this writ petition with the direction to the respondents to pass necessary orders for permanent absorption as early as possible preferably within a period of two weeks as submitted by the learned Government Advocate. However till then, the petitioner shall not be disturbed from his present place of posting.

6. With the aforesaid order, the writ petition stands disposed of. Consequently, connected miscellaneous petitions are closed. However, there shall be no order as to costs. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar lok

To

1. The Secretary to Government, The State of Tamil Nadu School Education Department, Secretariat, Fort St.George, Chennai 600 009

2. The Director of Elementary Education, College Road, Nungambakkam, Chennai 600 006

3. The District Elementary Educational Officer, Villupuram District, Villupuram

4. The Additional Assistant Elementary Education Officer, Gingee Range, Gingee 604 002, Villupuram District

5. The Assitant Elementary Educational Officer, Gingee Range, Gingee 604 202 Villupuram District +1cc to Government Pleader, SR.No. 55350 W.P.No.7419 of 2015 and W.P.Nos.1 & 2 of 2015 GN(03/09/2018)