D.Roselin Beula v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :21.11.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.32701 of 2019 D.ROSELIN BEULA ... Petitioner Vs 1 The State of Tamil Nadu rep. by its Secretary, Education Department, Fort St. George, Chennai - 600 009.
2 The District Elementary Educational Officer, Cuddalore District.
3 The Block Educational Officer Annagrammam Range, Cuddalore.
4 The Correspondent, Danish Mission Elementary School, Vazhapat, Nelikuppam, Cuddalore.
5 The Central Manager and Chairman Education Board D.M. Elementary and Higher Elementary Schools, Parikkal, Cuddalore District.
....
Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents consider and pass orders on the petitioner representation dated 03.10.2019 to pay salary and approve the appointment of the petitioner with effect from 18.12.2018 in the transferred 4th respondent school and to extend all benefits both service and monetary thereto.
For Petitioner : Mr.T.Dharani For Respondents 1 to 3 and 5 : Mr.P.Raja, Government Advocate
O R D E R
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the respondents consider and pass orders on the petitioner representation dated 03.10.2019 to pay salary and approve the appointment of the petitioner with effect from 18.12.2018 in the transferred 4th respondent school and to extend all benefits both service and monetary thereto. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.The case of the petitioner is that The petitioner was appointed as Secondary grade Teacher on 05.01.2001 in Danish Mission Primary School, Perumbakkam, Villupuram District. In reference to the proceedings of the 5th respondent vide proceeding CM.No.149 dated 10.12.
2018 the petitioner was transferred to Danish Mission Elementary School, Vazhapat, Cuddalore District in the place of one Mrs.W.Doras Meena who was promoted and transferred with effect from 18.12.2018. The petitioner was relived and joined in the transferred place on 18.12.2018. The petitioner made a representation to the 2nd respondent on 03.10.2019 through proper channel and explained that her husband died during 2018 and she maybe transferred to the 4th respondent school in welfare of her school going children who were studying nearby 4th respondent school on her request, accordingly she requested to pay salary to her. However the appointment of the petitioner in the 4th respondent school was not approved till date and salary was also not paid with effect from 18.12.2018. Hence the present Writ petition. 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 petitioner's representation dated 03.10.2019 and to pass appropriate orders.
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 petitioner's representation dated 03.10.2019 on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1 The Secretary, Education Department, Fort St. George, Chennai - 600 009.
2 The District Elementary Educational Officer, Cuddalore District.
3 The Block Educational Officer, Annagrammam Range, Cuddalore.
4 The Central Manager and Chairman Education Board D.M. Elementary and Higher Elementary Schools, Parikkal, Cuddalore District.
+1cc to Mr.T.Dharani, Advocate Sr.96860 +1cc to the Government Pleader Sr.98030 W.P.No.32701 of 2019 srg 11/12/2019