R.Rajeswari v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN R.Rajeswari
...Petitioner
Vs 1.Government of Tamil Nadu Represented by Principal Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
2.The Director of Elementary Education, Chennai - 600 006.
3.The District Education Officer (Elementary), Thiruppur, Thiruppur District.
4.The Block Educational Officer-I Uthukuli Block, Thiruppur District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to regularize the period of service of the petitioner from 11.08.2017 to 27.01.2022 in the post of Middle School Headmaster instead of Primary School Headmaster, and refix her pay in the post of Middle School Headmaster Page No:1/6
in the light of W.A.No.2444 of 2018 by considering the petitioner's representation dated 02.09.2024, within a limited time frame. For Petitioner : Mr.P.Murali For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader (Edn)
ORDER
This writ petition has been filed to to direct the respondents to regularize the period of service of the petitioner from 11.08.2017 to 27.01.2022 in the post of Middle School Headmaster instead of Primary School Headmaster, and refix her pay in the post of Middle School Headmaster in the light of W.A.No.2444 of 2018 by considering the petitioner's representation dated 02.09.2024, within a limited time frame.
2. Heard Mr.P.Murali, learned counsel for the petitioner and Mrs.S.Mythreye Chandru, learned Special Government Pleader for Respondents 1 to 4.
3. The case of the petitioner is that she was initially appointed as secondary grade teacher on 26.09.1996, then she was promoted as Primary School Headmaster on 24.06.2006. Thereafter, the petitioner Page No:2/6
further promoted as Middle School Headmaster on 06.08.2016 at Panchayat Union Middle School, Pappampalayam, Uthukuli Block, Thiruppur District. While so, one of the Panchayat Union Middle School, Karumanchirai was upgraded as High School, due to which, she was reverted as Primary School Headmaster and posted at Panchayat Union Primary School, Karumanchirai, Uthukuli Block, Thiruppur District on 04.08.2017 and her pay also revised. Therefore, she made a representation to the respondents to regularize the period of service of the petitioner from 11.08.2017 to 27.01.2022 in the post of Middle School Headmaster instead of Primary School Headmaster, and refix her pay in the post of Middle School Headmaster in the light of W.A.No.2444 of 2018, but the same has not been considered by the respondents. Hence, the present petition has been filed.
4. The grievance of the petitioner is that by the time she was reverted in the year 2017, she had already put in one year of service as Middle School Head Master in that school. The petitioner made a representation in this regard and the same was not considered. The petitioner also relied upon the order passed by this Court with respect to a similarly placed person which resulted in the order passed by the Page No:3/6
Government in GO (4D) No.31 dated 04.12.2014. The petitioner is seeking for similar protection in this case. The petitioner is also relying upon several such orders passed by this Court. The petitioner made a final representation on 02.09.2024 requesting the respondents for promoting the petitioner as a Middle School Headmaster and to regularise her period of service from 11.08.2017 to 27.01.2022 and to refix her pay. Since the same was not considered, the present writ petition has been filed before this Court.
5.
Taking into consideration the facts and circumstances of the case and the various orders passed by this Court and also the order passed by the Division Bench in W.A.No.2444 of 2018 dated 10.06.2024, there shall be a direction to the respondents to deal with the representation made by the petitioner on 02.09.2024 and pass a final order within a period of six weeks from the date of receipt of a copy of this order.
6.
The petitioner is directed to make a fresh representation to the respondents along with all the relevant documents and also a copy of this order.
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7.
This writ petition is disposed of with the above directions. No costs.
19.11.2024 Index:Yes/No Speaking order/Non-speaking order msv To
1. The Principal Secretary to Government, Government of Tamil Nadu School Education Department, Secretariat, Chennai - 600 009.
2.The Director of Elementary Education, Chennai - 600 006.
3.The District Education Officer (Elementary), Thiruppur, Thiruppur District.
4.The Block Educational Officer-I Uthukuli Block, Thiruppur District.
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V.BHAVANI SUBBAROYAN,J.
msv 19.11.2024 Page No:6/6