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Madras High CourtWP/28226/2013disposed of

R.Bharathi, v. The State Of Tamil Nadu

2017-11-16Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.11.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.28226 of 2013 R.Bharathi .. 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, DPI Campus, College Road, Chennai - 600 006.

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

4.The Additional Assistant Elementary Educational Officer, Walajah West, Vellore District.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, to direct the respondents to consider the representation made by the petitioner 28.07.2008 for regularization of the period of service from 07.07.1994 to 06.03.2001 as duty period with consequential and other attendant benefits including arrears of salary as well as promotion on par with juniors with consequential benefits, within a time frame to be fixed by this Hon'ble Court.

For Petitioner : Mr.G.Sankaran For Respondents : Mr.M.Perumal Government Advocate

O R D E R

The relief sought for in this Writ Petition is to direct the respondents to consider the representation made by the petitioner on 28.07.2008 for regularization of the period of https://hcservices.ecourts.gov.in/hcservices/

service from 07.07.1994 to 06.03.2001 as duty period with consequential and other attendant benefits including arrears of salary as well as promotion on par with juniors with consequential benefits.

2.The learned Counsel for the petitioner stated that the writ petitioner was placed under suspension during the relevant period of time and on account of certain allegations. Subsequently, the disciplinary proceedings were concluded and final order was passed. Despite the fact that the disciplinary proceedings were completed, the period of suspension has not been regularized. Thereafter, the Writ petitioner made a representation to the 2nd respondent on 28.07.2008. Thus, without going into the merits of the matter, 2nd respondent is directed to consider the representation submitted by the writ petitioner on 28.07.2008 and pass 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.

3.The writ petitioner is directed to enclose the copy of the representation along with the orders passed in this Writ Petition. Accordingly, the writ petition stands disposed of. However, there will be no order as to costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar stm To 1.The Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.

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

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

4.The Additional Assistant Elementary Educational Officer, Walajah West, Vellore District.

+1cc to Mr.G.Sankaran, Advocate sR.No.82070 W.P. No.28226 of 2013 sm:11.12.2017 https://hcservices.ecourts.gov.in/hcservices/