E.Helina Rose v. The District Elementary Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.30374 of 2018 and W.M.P.No.35453 of 2018 E.Helina Rose .. Petitioner Vs 1.The District Elementary Educational Officer, Villivakkam Union at Ambattur Educational District, Tiruvallur District, 2.The Block Educational Officer, Villivakkam Range, Ambattur Educational District, 3.The Correspondent, George Alexander Primary School, No.46, Bhajanai Koil Street, Korattur, Chennai - 600 080.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, to direct the respondents to approve the petitioner's promotion as Headmaster in the 3rd respondent school from 02.08.2006 and confer all the consequential benefits. For Petitioner : Mr.P.Ganesh for M/s.C.S.Associates For Respondents : Ms.P.Kavitha Government Advocate for R1 and R2

O R D E R

Ms.P.Kavitha, learned Government Advocate takes notice for the respondents. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has come up with this writ petition seeking a mandamus, to direct the respondents to approve her promotion as Headmaster in the third respondent Management from 02.08.2006 and confer all the consequential benefits.

3. The case of the petitioner is that she joined as a Secondary Grade Teacher at Nathan Elementary School (Minority) on 19.02.2001. Thereafter, she was migrated to Muthu Elementary School (Non Minority) and then migrated to George Alexander Primary School and promoted as Headmaster on 02.08.2006 by the management. While so, the third respondent Management forwarded the proposal to the first respondent on 11.12.2006, seeking approval for the aforesaid post. However, based on the instructions of the first respondent, the second respondent returned the papers and raised some queries, for which, the third respondent Management sent their reply and requested to consider the same. However, the first respondent has not passed any order till date. Hence, the petitioner is before this Court.

4. The learned Government Advocate appearing for the respondents 1 and 2 submitted that the respondent authority would consider the proposal of the third respondent Management and pass appropriate orders on merits and in accordance with law within a time frame to be fixed by this Court.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the respondent authority to consider the proposal of the third respondent Management and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ms To 1.The District Elementary Educational Officer, Villivakkam Union at Ambattur Educational District, Tiruvallur District,

2.The Block Educational Officer, Villivakkam Range, Ambattur Educational District, +1cc to M/s.C.S.Associates , Advocate SR.No. 78850 +1 CC TO GOVERNMENT PLEADER SR.NO. 79713 W.P.No.30374 of 2018 and W.M.P.No.35453 of 2018 ASK(26/12/2018)