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Madras High CourtWP/23343/2019disposed of

S.Mani Ammal v. The Director Of Elementary Education

2019-11-18Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.23343 of 2019 And W.M.P.Nos.23088 and 23089 of 2019 S.Mani Ammal ... Petitioner Vs.

1.The Director of Elementary Education, Chennai 600 006.

2.The District Elementary Educational Officer, Krishnagiri.

3.The Block Educational Officer, Bangur Union, Bangur, Krishnakiri District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent relating to Pro.Na.No.4501/A2/2015 dated 0.12.2017 (signed on 09.01.2018), to quash the same and consequently direct the respondents to restore the increments with held and all the benefits. For Petitioner : Mr.V.Thirupathi For Respondents: Ms.P.Kavitha Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records of the second respondent relating to Pro.Na.No.4501/A2/2015 dated 0.12.2017 (signed on 09.01.2018), to quash the same and to consequently direct the respondents to restore the increments with held and all the benefits.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate.

3.The case of the petitioner is that while the petitioner was working as the Head Mistress in the Panchayat Union Middle School, Pennathur Bangur Union, Krishnagiri District, the second respondent vide proceedings dated 15.07.2016 initiated disciplinary proceedings against the petitioner under Rule 17 (b) of the Tamil Nadu Civil Services (D & A) Rules and without conducting any enquiry, vide proceedings dated nil.12.2017 (signed on 09.01.2018) imposed the punishment of stoppage of increment for one year without cumulative effect on the petitioner. Aggrieved by the same, the petitioner preferred appeal before the first respondent on 14.08.2018. Since the same has not yet been considered, has come forward with this writ petition challenging the order passed by the second respondent.

4.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the appeal filed by the petitioner on 14.08.2018 and to dispose of the same.

5.Considering the limited request made by the learned counsel appearing for the petitioner, I am inclined to issue direction to the respondents to consider the appeal filed by the petitioner on 14.08.2018, on merits and in accordance with law and to dispose of the same, as expeditiously as possible. 6.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pri To 1.The Director of Elementary Education, Chennai 600 006.

2.The District Elementary Educational Officer, Krishnagiri.

3.The Block Educational Officer, Bangur Union, Bangur, Krishnakiri District.

+1cc to Mr.Muthkumar, Advocate Sr.95727 W.P.No.23343 of 2019 And W.M.P.Nos.23088 and 23089 of 2019 rr[co] srg 09/12/2019