K.Gandhimathi v. The Chief Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 29.11.2018

CORAM

THE HONOURABLE DR. JUSTICE S.VIMALA W.P. NO. 31517 OF 2018 K.Gandhimathi .. Petitioner - Vs -

1. The Chief Educational Officer Perambalur, Perambalur Dt.

2. The District Educational Officer Veppur, Office at Perali Perambalur District 621 708.

3. The Block Educational Officer - 1 Padalur, Alathur Panchayat Union Perambalur District 621 109.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the Chief Educational Officer, Perambalur to consider the representation made by the petitioner dated on 28.9.2018 and absorb the petitioner as B.T. Assistant in the upgraded High School, Kottari or in any other High School as per the orders of the Director of Elementary Education, Chennai - 6 in Proceedings Na.Ka. No.20723/D1/2018 dated 20.09.2018.

For Petitioner : Mr. P.Ganesan For Respondents: Ms. P.Kavitha, GA (Edn.)

ORDER

This writ petition has been filed seeking direction to the respondents to consider the representation of the petitioner dated 28.9.18 and to absorb the petitioner as B.T. Assistant in the upgraded High School, Kottari, or in any other High School in terms of the proceedings of the Director of Elementary Education in Proceedings No. Na.Ka. No.20723/D1/2018 dated 20.09.2018 .

2. Learned counsel appearing for the petitioner submitted that whenever a Middle School is upgraded as High School, standards 6 to 8 will be attached to the High school and the erstwhile Middle School becomes Elementary School and in the

upgraded High School, B.T. Assistants, who were already working in the Middle School are absorbed. In this regard, this Court's attention is drawn to the proceedings of the Director of Elementary Education dated 20.09.2018, which stipulates that the Middle Schools when upgraded as High Schools, the B.T. Assistants working in the said Middle School, on upgradation as High School should be given the option for retention as B.T. Assistant in the upgraded High School because of compelling circumstances. In tune with the proceedings of the Director of Elementary Education dated 20.09.2018, the petitioner submitted a representation dated 28.9.18 to the respondents for considering him for being retained as B.T. Assistant in the upgraded school. But till date the said representation has not been considered and, therefore, the petitioner has filed the present writ petition.

3. Ms.Kavitha, learned Government Advocate takes notice for the respondents and submits that the representation would be considered in terms of the proceedings of the Director of Elementary Education dated 20.9.18.

4. In view of the limited relief sought for, this Court is of the view that it would be suffice to direct the respondents to consider the representation dated 28.9.2018, submitted by the petitioner, in terms of the proceedings of the Director of Elementary Education dated 20.9.18 within a particular time frame.

5. In the above circumstances, this writ petition is disposed of directing the respondents to consider the representation dated 28.9.2018, submitted by the petitioner, in terms of the proceedings of the Director of Elementary Education dated 20.9.18 and pass orders thereon in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar GLN To

1. The Chief Educational Officer Perambalur, Perambalur Dt.

2. The District Educational Officer Veppur, Office at Perali Perambalur District 621 708.

3. The Block Educational Officer - 1 Padalur, Alathur Panchayat Union Perambalur District 621 109.

+1 CC to M/s. C.S. Associates sr 82143.

+1 CC to Govt. Pleader sr 82638.

W.P. NO.31517 OF 2018 VD(CO) SP(24/01/2019)