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Madras High CourtWP/35079/2019disposed of

C.Vijayalakshmi v. The State Of Tamil Nadu

2019-12-18Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2019

CORAM

THE HONOURABLE JUSTICE MR.N.ANAND VENKATESH WP No.35079 of 2019 and WMP.No.35868 of 2019 1.C.Vijayalakshmi 2.P.Sumathi 3.P.Nagalakshmi 4.P.Kavitha 5.R.Gowri 6.T.Nithya 7.P.Prema 8.P.G.Saranbabu 9.V.Chitra 10.S.Uma Bai ... Petitioners Vs.

1.The State of Tamil Nadu rep by its Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.

3.The Joint Director of School Education (Higher Secondary) Directorate of School Education, DPI Campus, College Road, Chennai 600 006.

... Respondents PRAYER: Writ petition has been filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus, directing the respondents to pass orders for declaration of probation of the petitioners in the post of Junior Assistant within a time frame to enable the petitioners to get promotion to the post of P.G.Assistant in Tamil Nadu Higher Secondary Educational service as per the orders passed in the Writ Petition in W.P.No.16016 of 2019 dated 16.10.2019 with consequential and attendant benefits.

For Petitioners: Mr.G.Sankaran For Respondents: Mrs.V.Annalakshmi Government Advocate for R1 to R3

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus directing the respondents to pass orders for declaration of probation of the petitioners in the post of Junior Assistant, within the time frame fixed by this Court. 2.The case of the petitioners is that they had joined as a Junior Assistant in the Tamil Nadu Ministerial Service through Tamil Nadu Public Service Commission during the year 2013-14. It is the further case of the petitioners that they are entitled for declaration of probation after completion of two years. The petitioners also claim that they were sent for training belatedly and the respondents are yet to declare the probation of the petitioners.

3.The grievance of the petitioners is that since the probation has not been declared, the petitioners are being declined of getting promotion for the post of P.G.Assistant. Therefore, the petitioners have made a representation and a proposal has already been forwarded by the concerned school to the District Educational Officer, Namakkal District in the year 2018 itself and the same is pending for consideration before the first and second respondents. Aggrieved by the inaction on the part of the respondents, the present Writ Petition has been filed before this Court.

4. Heard, Mr.G.Sankaran, learned counsel appearing for the petitioners and Mrs.V.Annalakshmi, learned Government Advocate appearing on behalf of the respondents.

5. Taking into consideration the facts and circumstances of the case and also of the fact that proposal has already been forwarded and it is now pending for consideration before the first and second respondents, there shall be a direction to the first and second respondents to consider the proposal that has been forwarded on behalf of the petitioners for declaring their probation and pass appropriate orders, within a period of four weeks from the date of receipt of copy of this order. The petitioners are directed to give a fresh representation along with all necessary papers and a copy of this order to the first and second respondents.

6. The Writ Petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(DR CJ conf) //True Copy// Sub Assistant Registrar vkr To 1.The Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.

3.The Joint Director of School Education (Higher Secondary) Directorate of School Education, DPI Campus, College Road, Chennai 600 006.

+1cc to Mr.G.Sankaran, Advocate SR.106091 +1cc to the Government Pleader SR.106257 WP No.35079 of 2019 and WMP.No.35868 of 2019 SPD(CO) CB(30/01/2020)