Madras High CourtWP/22144/2021disposed of

Edith Rose Pondsly.C v. The Secretary To Government

2021-10-20Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

D A T E D : 20.10.2021 C O R A M THE HON'BLE MR.JUSTICE C.SARAVANAN Writ Petition No.22144 of 2021 (Through Video Conferencing) Edith Rose Pondsly. C ...Petitioner Vs.

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

2. The Director of School Education (Elementary) DPI Campus,College Road,Chennai - 600 006.

3. The Joint Director of Health Services, CP42 + V29, Upper Bazar, Ooty, Nilgiris - 643 001.

4. The District Educational Officer, Coonoor, Nilgiris - 643 102. ...Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus to direct the second Respondent to consider the appeal submitted by the Petitioner dated 24.03.2021 for posting the Petitioner in some other non teaching post as per Section 47 of the Persons with disabilities (Equal Opportunities, Protection of rights and Full Participation) Act, 1995 and also as per the recommendation of the Medical Board.

For Petitioner : Mr.R.Rengaramanujam For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate

O R D E R

This writ petition has been filed to direct the second Respondent to consider the appeal dated 24.03.2021 of the Petitioner for posting the Petitioner to some other non teaching post as per Section 47 of the Persons with disabilities (Equal https://hcservices.ecourts.gov.in/hcservices/

Opportunities, Protection of rights and Full Participation) Act, 1995 as per the recommendation of the Medical Board.

2. Mr.L.S.M.Hasan Fizal, the learned Government Advocate, takes notice on behalf of the Respondents and submitted that the second Respondent will consider the appeal dated 24.03.2021 of the Petitioner and pass appropriate orders within a reasonable time.

3. Recording the submissions made by the learned counsel for the first Respondents, this Writ Petition is disposed by directing the second Respondent to consider the appeal dated 24.03.2021 of the Petitioner under the provisions of the Rights of Persons with Disability Act, 2016 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar rrg To

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

2. The Director of School Education (Elementary) DPI Campus,College Road,Chennai - 600 006.

3. The Joint Director of Health Services, CP42 + V29, Upper Bazar, Ooty, Nilgiris - 643 001.

4. The District Educational Officer, Coonoor,Nilgiris - 643 102.

+2cc to Mr.R.Rengaramanujam, Advocate, S.R.No.54076 +1cc to the Government Pleader, S.R.No.54235 W.P.No.22144 of 2021 SR(CO) RGA(18/11/2021) https://hcservices.ecourts.gov.in/hcservices/