A.Tamilarasi v. The Director Of School Education,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.30175 of 2019 A.Tamilarasi ... Petitioner Vs.

1.The Director of School Education, Chennai - 600 006 2.The Chief Educational Officer, Tiruvannamalai 3.The District Educational Officer, Cheyyar, Tiruvannamalai District 4.The Correspondent, St.Joseph Girls Higher Secondary School, Arani - 632 301, Tiruvannamalai District 5.Sister Ananthi St.Joseph Girls Higher Secondary School, Arani - 632 301, Tiruvannamalai District ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second and third respondents to consider the petitioner representations dated 07.07.2019 and 30.07.2019, with regard to petitioner alleged resignation and pass orders thereon by holding an enquiry into matter after affording opportunity to her. For Petitioner : Mr.P.Murali For Respondents : Mr.C.Munusamy, Special Government Pleader (Edn.)

O R D E R

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 1/3

2.The case of the petitioner is that the petitioner was appointed as Junior Graduate Teacher (History) on consolidated monthly pay in the month of June 2013 in St.Joseph Girls Higher Secondary School, Arani, Tiruvannamalai District, which is a minority educational institution. Subsequently he was appointed as regular Graduate Teacher on 06.06.2017 in the vacancy caused by the promotion of one, Sister Gloriya Navaneetham as Headmaster and her pay was fixed in the scale of pay of Rs.930034800+GP 4600, and the same was also approved by the District Educational Officer, Cheyyar vide letter dated 12.01.2018 after ascertaining the genuineness of the educational qualification certificates from the concerned educational and University authorities and after getting approval of her appointment.

He was paid arrears of salary and allowances in the month of February, 2019. While being so, the Headmaster of the said school forcibly obtained resignation letter from the petitioner and forwarded the same to the Educational authority as if the petitioner made resignation. Thereafter the petitioner made complaint before the Educational Authority on 07.07.2019 and 30.07.2019 for conducting enquiry and permitting the petitioner to continue as BT Teacher, but till date the same have been not considered. Hence, the petitioner has filed the present petition.

3.Heard both sides.

4.The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the respondents 2 and 3 to consider the representations of the petitioner dated 07.07.2019 and 30.07.2019 and pass orders, within a stipulated time fixed by this Court.

5.Though the petitioner has sought for a larger relief, this Court without going into the merits of the case, directs the respondents 2 and 3 to consider the petitioner's representations dated 07.07.2019 and 30.07.2019 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

6.With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar 2/3

lok To 1.The Director of School Education, Chennai - 600 006 2.The Chief Educational Officer, Tiruvannamalai 3.The District Educational Officer, Cheyyar, Tiruvannamalai District +1cc to Government Pleader SR.NO. 89673 +1cc to Mr.P.Murali, Advocate sr.88907 W.P.No.30175 of 2019 nr 22/11/2019 3/3