P.Vijaya v. The Joint Director Of School Education,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-01-2020
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.35639 OF 2019 AND W.M.P.NO.36542 OF 2019 P.Vijaya ... Petitioner -Vs1. The Joint Director of School Education, (Paniyalar Thoguthi) (Service Section), Chennai - 600 006.
2. The Chief Educational Officer, Vellore District, Vellore and District.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to regularize the service of the petitioner as B.T.Assistant (History) in pursuance to the proceedings of the 1st respondent in Na.Ka.No.43427/C2/E2/2012 dated 05.12.2014 and Na.Ka.No.00084/C5/E2/2012 dated 20.01.2015. For Petitioner : Mr.K.A.Ravindran For Respondents : Mrs.V.Annalakshmi Government Advocate
O R D E R
By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 2.This writ petition has been filed for issuance of Writ of Mandamus directing the respondents to regularize the service of the petitioner as B.T.Assistant (History) and pass appropriate orders within a time fixed by this Court.
3.The case of the petitioner is that she was appointed as B.T.Assistant at a Government High School in the year 2012. Before her appointment as B.T.Assistant, she was appointed as
Anganwadi Teacher in the year 1990 and she worked in the same position for nearly 22 years. The petitioner also further claims that she continues to work in the above said school till date and her services are yet to be regularized by the respondents. The petitioner therefore made a detailed representation to the second respondent through the Headmaster of the Government High School, Kalanipakkam, Vellore District and the same was forwarded by the school to the second respondent with a request to regularize the services of the petitioner in the post of B.T.Assistant (History). The further case of the petitioner is that the second respondent has not passed any orders and similarly placed persons have been regularized and the petitioner is made to run from pillar to post for the last four years. Left with no other option, the present writ petition has been filed before this Court seeking for appropriate directions. 4.Heard the learned counsels on either side and perused the material available on record.
5.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the second respondent to consider the letter dated 10.04.2015 forwarded by the Headmaster of the Government High School, Kalanipakkam, Vellore, to the second respondent and pass appropriate orders strictly in accordance with law within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make fresh representation to the second respondent through the Headmaster of the Government High School, Kalanipakkam, along with a copy of this order. 6.This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rm To
1. The Joint Director of School Education, (Paniyalar Thoguthi) (Service Section), Chennai - 600 006.
2. The Chief Educational Officer, Vellore District, Vellore and District.
+1cc to Mr.K.A.Ravindran, Advocate, S.R.No.922 +1cc to the Government Pleader, S.R.No.1363 W.P.No.35639 of 2019 SJ(CO) CS/06/02/2020