R.Thiyagu v. The Director Of Elementary Education,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.32879 of 2019 R.THIYAGU ...Petitioner Vs 1 The Director of Elementary Education, DPI Campus, College Road Chennai-9.

2 The Chief Educational Officer, O/o. The Chief Educational Office, Dharmapuri District.

3 The Block Educational Officer O/o. The Block Educational Office Morappur Union, Dharmapuri District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a WRIT OF MANDAMUS, directing the respondents to allow the petitioner for Reemployment till end of academic year i.e. 31/05/2020 in the post of Secondary Grade Assistant with all monetary benefits by considered the representation dated 04/07/2019 and 30/10/2019 by the petitioner.

For Petitioner : Mr.P.Ganesan For Respondents : Mr.P.Raja, Government Advocate

O R D E R

1.The present writ petition has been filed by the petitioner praying for the issuance of Writ of Mandamus, to direct the respondents to allow the petitioner for Re-employment till end of academic year i.e. 31/05/2020 in the post of Secondary Grade Assistant with all monetary benefits by considered the representation dated 04/07/2019 and 30/10/2019 by the petitioner.

2.Heard both sides.

3.The case of the petitioner is that the petitioner appointed as Secondary Graduate Assistant on 27.02.2001 at Palacode Union. Thereafter, his probation was declared and his services were regularized. The Petitioner was transferred during his services and finally attained the age of superannuation on 30.06.2019. Before his retirement, the petitioner sent a representation for reemployment through proper channel to the respondents based on G.O.Ms.No.170, Department of School Education (S.E.5(2)) Department dated 23.10.2014 and conditions stipulated therein were also complied with by the petitioner. However, the respondents have not considered the petitioner's representation dated 04.07.2019 till date. Hence the petitioner was constrained to filed this Writ Petition.

4.The learned counsel for the petitioner would submit that without going into merits of the case since the representation made by the petitioner has been pending without any progress, it would suffice if this Court directs the respondent to consider and dispose of the representation made by the petitioner on 04.07.2019 and 31.10.2019, in accordance with law.

5.The learned Government Advocate appearing for the respondents while conceding the claim of the petitioner, would submit that if any such direction is given by this Court, the same would be complied with and the representation of the petitioner would be disposed of in accordance with law.

6.Considering the facts and circumstances of the case and the submissions made on either side, without going into the merits of the case, the respondents are directed to consider and dispose of the representations dated 04.07.2019 and 31.10.2019, made by the petitioner in accordance with law and on merits, within a period of 12 weeks from the date of receipt of a copy of this order.

7.With the above observation, this Writ Petition is disposed of. No costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar jrs

To 1 The Director of Elementary Education, DPI Campus, College Road Chennai-9.

2 The Chief Educational Officer, O/o. The Chief Educational Office, Dharmapuri District.

3 The Block Educational Officer O/o. The Block Educational Office Morappur Union, Dharmapuri District.

+1 CC to Mr.P.Ganesan, Advocate sr 98194.

+1 CC to The Govt. Pleader sr 98922.

W.P.No.32879 of 2019 GJ(CO) SP(16/12/2019)