J.Swarna v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Swarna .. Petitioner Vs.

1.The State of Tamil Nadu, Rep by its Principal Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

2.The Commissioner of School Education, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Presidency Girls Hr.Sec.School, Spurtank Road, Egmore, Chennai - 600 008.

4.The District Educational Officer (East), Naddukuppam, Triplicane, Chennai - 600 005.

5.YMCA Boys Town High School, Rep. by its Correspondent, P.Asir Pandian, Fort St. George, Chenai - 600 009.

.. Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's representation dated 31.05.2024 and thereby direct the respondents 1 to 3 to pay petitioner's arrears of salary, terminal benefits, TPF, DCRG, gratuity along with interest within a date fixed by this Court.

For petitioner :

Mr.A.R.Nixon For RR 1 to 4 :

Mrs.S.Mythreye Chandru Special Government Pleader

O R D E R

This writ petition has been filed for a direction to the respondents to dispose of the representation made by the petitioner on 31.05.2024 wherein the petitioner has sought for the arrears of salary, terminal benefits, etc,.

2.When the matter was taken up for hearing, the learned Special Government Pleader appearing on behalf of respondents 1 to 4 submitted that the petitioner was already terminated from service and the concerned authority namely the District Educational Officer (DEO) has also accorded approval for such termination.

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3.The learned counsel for the petitioner submitted that till date nothing has been communicated to the petitioner and therefore, the petitioner is not in a position to challenge the so called termination order passed against the petitioner.

4.In the considered view of this Court, the relief sought for by the petitioner cannot be granted by this Court. If the termination of the petitioner has already taken place and it has been approved by the concerned authorities, all the relevant materials shall be served on the petitioner by the respondents 4 & 5 within a period of one week from today. On receipt of the same, liberty is granted to the petitioner to challenge the same and workout the remedy in accordance with law. 5.This Writ Petition is disposed of with the above directions. No costs.

22.08.2024 krk Index : Yes / No Internet : Yes / No : Yes / No 3/5

NOTE: Issue order copy on 23.08.2024.

N.ANAND VENKATESH, J.

krk To 1.The State of Tamil Nadu, Rep by its Principal Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

2.The Commissioner of School Education, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Presidency Girls Hr.Sec.School, Spurtank Road, Egmore, Chennai - 600 008.

4.The District Educational Officer (East), Naddukuppam, Triplicane, Chennai - 600 005.

5.YMCA Boys Town High School, Rep. by its Correspondent, Fort St. George, Chenai - 600 009.

4/5

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