T.Chandra, v. The Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.Nos.21921 and 21923 of 2019 T.Chandra
...Petitioner in W.P.No.21921 of 2019
K.Selvaraju
...Petitioner in W.P.No.21923 of 2019
vs 1.The Principal Secretary to Government, School Education Department, Secretariat, Chennai-9.
2.The Director, Elementary Education Department, College Road, Chennai-6.
... Respondents in both W.Ps Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the respondents to consider petitioners' representation dated 28.01.2019 consequently direct the respondents to appoint the petitioners for the teacher to Montessary education LKG/UKG classes.
For Petitioner : Mr.S.N.Subramani For R1 & R2 : M/s.P.Kavitha Government Advocate (Education)
ORDER
The petitioners filed this Writ Petition seeking to direct the respondents to consider petitioners' representation dated 21.01.2019 and consequently direct the respondents to appoint the petitioners as teachers to Montessary education LKG/UKG classes.
2. The case of the petitioners is that the petitioners have completed Diploma in Preprimary (Kindergarden) Teacher Training
through Tamilnadu Open University during 2006 and registered his diploma qualification in the District Employment office on 15.03.2007 itself. As per G.O(Ms) No.89, Social Welfare and Nutritious Meal Programme (SW-7(1) Department, the respondents decided to introduce Montessori Education based LKG, UKG classes on pilot basis in Anganwadi Centres located within the Government Middle School Premises. Without considering the seniority in employment registration, the Government appointed the secondary grade teacher for the said classes. The petitioners submit a representation dated 28.01.2019 seeking to appoint them for the LKG, UKG classes.
3. The learned counsel for the petitioner submitted that it would be suffice to issue a direction to the respondents to consider the application dated 28.01.2019 and pass order on merits and in accordance with law.
4. M/s.P.Kavitha, learned Standing Counsel appearing for the respondents conceded with the limited request made by the learned counsel for the petitioner.
5. Considering the above facts and circumstances and the limited request made by the petitioners, I am inclined to issue a direction to the respondents to consider the representation dated 28.01.2019 and pass appropriate orders in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petitions stand disposed of. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Principal Secretary to Government, School Education Department, Secretariat, Chennai-9.
2.The Director, Elementary Education Department, College Road, Chennai-6.
+2cc to Mr.S.N.Subramani, Advocate Sr.92888, 92889 +1cc to the Government Pleader Sr.93344,93345 W.P.Nos.21921 and 21923 of 2019 pm[co] srg 12/12/2019