A.Dhayarani v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA A.Dhayarani
...Petitioner
Vs.
1.
The Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
2.
The Director of School Education, School Education Department, College Road, Chennai - 600 006.
3.
The Joint Director of School Education (Personnel), DPI, College Road, Chennai - 600 006.
4.
The Chief Education Officer, Salem District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to promote the petitioner as Assistant with effect from 15.03.2012, form the date of promotion of the petitioner Junior with all service and monetary, including 1/7
notional seniority, pay and allowances by considering the petitioner representation dated 02.08.2019.
For Petitioner : M/s.T.Dharani For Respondents : Mrs.S.Mythreye Chandru, Spl.GP.
ORDER
This Writ petition has been filed seeking to direct the respondents to considering the petitioner's representation dated 02.08.2019 and to consequently, promote the petitioner as Assistant with effect from 15.03.2012, with all service and monetary benefits, including notional seniority, pay and allowances.
2. Mrs.S.Mythreye Chandru, learned Special Government Pleader takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
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3. The case of the petitioner is that she was initially appointed as Junior Assistant on compassionate grounds in the School Education Department and thereafter, her service was regularised by G.O.(3D) No.38, School Education (S1) Department, dated 22.03.2011. The petitioner passed the District Office Procedure Manual exam on 31.05.1999, but was deputed for Bhavanisagar Employees' Foundation Training only on 29.05.2012, after an extraordinary delay of 13 years, due to which, the petitioner's juniors who underwent earlier training were promoted ahead of her. The petitioner completed the training on the same date and thereafter, she continuously submitted representations seeking promotion/regularisation with retrospective effect, which evoked no response. While so, by G.O.(1D) No.80 dated 04.04.
2014, the probation of the petitioner and similarly placed persons was declared successfully completed, reckoning her probation with effect from 31.05.1999 afternoon. The Joint Director of School Education (Personnel), by proceedings dated 12.12.2014, issued an eligibility list wherein the petitioner's name was reflected as fully qualified and entitled for promotion with effect from 15.03.2012 and the consequential proceedings of the 2nd respondent dated 16.12.
the list of eligible candidates for promotion as Assistant. Though, the petitioner was temporarily promoted as Assistant in the year 2014 and assumed charge as Assistant on 02.01.2015, her promotion was regularised only with effect from 2015, by proceedings dated 03.03.2018, overlooking the fact that her eligibility had been recognised from 15.03.2012. As a result, she has been wrongly denied notional seniority, consequential promotions and service benefits from 15.03.2012. The petitioner, therefore, made a representation on 02.08.2019 in this regard. However, till date, no orders have been passed on the said representation. Hence, this Writ petition.
4. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated dated 02.08.2019 and to consequently, promote her as Assistant with effect from 15.03.2012, with all service and monetary benefits, including notional seniority, pay and allowances.
5. Learned Special Government Pleader appearing on behalf of the 4/7
respondents submitted that, the petitioner's representation has been forwarded to the 3rd respondent and it is the 3rd respondent, who has to pass orders on the petitioner's representation.
6. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the 3rd respondent to consider the petitioner's representation dated 02.08.2019 on merits and in accordance with law and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order, after hearing the petitioner and aggrieved persons, if any.
7. With the above directions, this Writ petition stands disposed of. There shall be no order as to costs.
11.09.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 5/7
To:
1.
The Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
2.
The Director of School Education, School Education Department, College Road, Chennai - 600 006.
3.
The Joint Director of School Education (Personnel), DPI, College Road, Chennai - 600 006.
4.
The Chief Education Officer, Salem District.
A.D.JAGADISH CHANDIRA, J.
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skt 11.09.2025 7/7