← Library
Madras High CourtWP/30659/2022disposed of

S.Jayalakshmi v. The State Rep By

2022-11-17Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Jayalakshmi ... Petitioner Vs 1.The State Rep by Principal Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2.The Director, Directorate of School Education, DPI campus, Nungambakkam, Chennai - 600 018. 3.The District Collector, Thiruvannamalai District.

4.The Chief Educational Officer, Thiruvannamalai District, Thiruvannamalai.

5.The District Educational Officer, Cheyyar, Thiruvannamalai District.

6.The Block Educational Officer, Anakkavur Block, Cheyyar Taluk, Thiruvannamalai District.

... Respondents 1/6

Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the first respondent to regularize the petitioner service from the date of appointment ie., 01.04.2008 and give salary and other benefits by considering the petitioner representation dated 26.09.2018 and 31.10.2022 in the light of the judgment passed by this Court in W.P.No.19954 of 2013 which was upheld by the Division Bench in W.A.No.1258 of 2018 and pass orders within a reasonable time frame fixed by this Court.

For Petitioner ...

Mr.P.Murali For Respondents ...

Mr.S.Yashwanth, Additional Government Pleader

O R D E R

This writ petition has been filed for a mandamus seeking for a direction to the respondents to pay the petitioner's salary on consolidated basis and regularise her service.

2. Mr.S.Yashwanth, learned Additional Government Pleader accepts notice on behalf of the respondents. By consent of both the parties, this writ petition is taken up for final disposal in the admission stage itself. 2/6

3. The petitioner claims that she was appointed as a Sweeper by the sixth respondent on 01.04.2008 on consolidated salary basis at Rs.585/- per month. According to the petitioner, she has an unblemished track record and salary was also periodically increased by the respondents up to April 2014. But thereafter, no salary was paid to her. In such circumstances, she has given a representation to the respondent requesting them to pay salary and to regularise her service on consolidated payment basis. Since the representation has not been considered till date, she has filed this writ petition.

4. Heard Mr.P.Murali, learned counsel for the petitioner and Mr.S.Yashwanth, learned Additional Government Pleader appearing for the respondents.

5. The petitioner has produced documents namely the proceedings dated 09.03.2022 issued by the sixth respondent, under which, the sixth respondent has addressed a letter to the third respondent to allot payment of salary to the petitioner and others. It is for the respondents to consider the 3/6

petitioner's representation on merits and in accordance with law. Since the representation given by the petitioner is an old one, the petitioner will have to give a fresh representation.

6. For the foregoing reasons this Court directs the petitioner to submit a fresh representation requesting the first respondent to pay her salary on consolidated basis from 2014 onwards and also to regularise her service within a period of one week from the date of receipt of a copy of this Order. On receipt of the said representation, the first respondent shall pass final orders on merits and in accordance with law within a period of eight weeks thereafter.

7. The petitioner is permitted to send a copy of the court decision which she relied upon to substantiate her claim to the first respondent along with a copy of this Order for effective implementation of this Order.

8. With the aforesaid direction, this writ petition is disposed of. No costs.

17.11.2022 nl Index: Yes/ No Speaking Order/Non-speaking Order 4/6

To 1.The Principal Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2.The Director, Directorate of School Education, DPI campus, Nungambakkam, Chennai - 600 018. 3.The District Collector, Thiruvannamalai District.

4.The Chief Educational Officer, Thiruvannamalai District, Thiruvannamalai.

5.The District Educational Officer, Cheyyar, Thiruvannamalai District.

6.The Block Educational Officer, Anakkavur Block, Cheyyar Taluk, Thiruvannamalai District.

5/6

ABDUL QUDDHOSE, J.

nl 17.11.2022 6/6