S.Nancy Premakumari v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2025

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA

1. S.Nancy Premakumari fathima Nagar Extension, Vridhachalam, Ulundurpet, villupuram.

Viluppuram Petitioner(s) Vs

1. The State of Tamil Nadu Represented by its Secretary, Education Department, fort St. George, Chennai9Chennai 2.The District Elementary Educational Officer Villupuram District 3.The Assistant Elementary Educational Officer Rishivandhiyam, Villupuram District 4.The Central Manager and Chairman Danish Mission Elementary and Higher Elementary schools Arcot Lutheran Church No.9, Central Officer Cuddalore

5.The Correspondent Danish Mission Elementary School koo-Kallakurichi Ulundurpet, villupuram Respondent(s) PRAYER: Writ petition is filed under Section 226 of the Constitution of India for issuance of a Writ of mandamus to direct the respondents to approve the appointment of the petitioner in the post of secondary Grade Assistant from the date of initial appointment i.e., 08.01.2015 and also other attendant benefits including payment of arrears of salary with interest with a time frame. For Petitioner(s):

M/s.R.Poornima For Respondent(s):

Mr.P.Rajarajeswari Government Advocate for R1 to R3

ORDER

This writ petition has been filed to direct the respondents to approve the appointment of the petitioner in the post of secondary Grade Assistant from the date of initial appointment i.e., 08.01.2015 and also other attendant benefits including payment of arrears of salary with interest with a time frame.

2. The petitioner was appointed as Secondary Grade Assistant on 08.01.2015. The petitioner was in continuous service from then onwards and

hence she submitted a request to the second respondent to regularize her services. However, the petitioner's appointment is not approved by the respondent department and she is unable to know the reasons why her appointment cannot be approved. Hence the petitioner has sent a representation to the respondents. As the representation has not been considered by the respondents so far, the present writ petition has been filed.

3. Mrs.P.Rajarajeswari, the learned Government Advocate appearing for respondents 1 to 3, submitted that as per the particulars furnished by the fourth respondent the petitioner was in service only from 08.01.2015 to 28.01.2015. She further submitted that without receiving any proposal from the fourth respondent, the process of approval cannot be processed.

4. However, the fourth respondent is not present to offer his comment on the relief sought by the petitioner.

5. So far as the petitioner is concerned, she was given with the appointment order on 08.01.2015 and continued to be working with the fourth respondent. Hence, I feel that appropriate directions be issued to the respondents 2 and 3 to get appropriate particulars from the fifth respondent and confirm the genuineness of the representation of the petitioner and pass orders on merits.

6. Accordingly, this writ petition is disposed and the respondents 2 and 3 are directed to get appropriate particulars from the fifth respondent in this regard and confirm the genuineness of the representation of the petitioner and thereafter pass orders on merits, within a period of four weeks from the date of receipt of particulars from the fifth respondent. No costs. 12-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn

To

1. The Secretary, Education Department, fort St. George, Chennai-9 2.The District Elementary Educational Officer Villupuram District 3.The Assistant Elementary Educational Officer Rishivandhiyam, Villupuram District 4.The Central Manager and Chairman Danish Mission Elementary and Higher Elementary schools Arcot Lutheran Church No.9, Central Officer Cuddalore 5.The Correspondent Danish Mission Elementary School koo-Kallakurichi Ulundurpet, villupuram

R.N.MANJULA J.

bkn 12-03-2025