Noorjibai Ebenazer v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Noorjibai Ebenazer ... Petitioner Vs.

1.The Director of School Education, College Road, Chennai-600 006.

2.The Chief Educational Officer, Kokkirakulam, Tirunelveli-627 009.

3.The District Educational Officer, S.N.High Road, Tirunelveli-627 001.

4.The Correspondent, Sarah Tucker Higher Secondary School, Palayamkottai, Tirunelveli-627 002.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the salary of the petitioner for the period from 22.07.2017 to 31.12.2017 working as Headmistress in the 4th respondent school and confer all the consequential monetary benefits. For Petitioner : Mr.Santhoshkumar.P For R1 to R3 : Mr.A.Thiyagarajan Government Advocate

O R D E R

This writ petition has been filed for a direction to the respondents to disburse the salary of the petitioner for the period from 22.07.2017 to 31.12.2017 working as Headmistress in the fourth respondent school and confer all the consequential monetary benefits.

2.By consent of both parties, this writ petition is taken up for final disposal.

3.The case of the petitioner is that she was serving as P.G.Assistant in English from 04.10.1995 onwards in the Diocesan School and thereafter, she was promoted as Headmistress by the TDTA Management and posted in Samariah St.Johns Hr.Sec.School, Kulasekaranvilai, Thisayanvilai, in the year 2016. Thereafter, she was transferred to the fourth respondent school on 22.07.2017 and 1/3

served in the same school till her superannuation. However, the salary was not paid to the petitioner wherein she was served as Headmistress in the fourth respondent School. In order to receive the salary, the petitioner made a representation on (*)28.12.2020 to the respondents and the said representation was not considered till date. Hence, the present writ petition is filed. 4.The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the respondents to consider the petitioner's representation dated (*)28.12.2020 in accordance with law.

5.The learned Government Advocate appearing for the respondents 1 to 3 has no serious objection for considering the petitioner's representation.

6.Since no positive direction was issued in favour of the petitioner, notice to the fourth respondent is dispensed with. 7.Considering the facts and circumstances of the case, this Court directs the fourth respondent to consider the petitioner's representation dated (*)28.12.2020 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, if not disposed of already.

8.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (crl.side) (*)Amended as per order of this Hon'ble Court dated 15.03.2021 Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns To (*) To Be Substituted the order already despatched on 01.02.2021 1.The Director of School Education, College Road,Chennai-600 006.

2.The Chief Educational Officer, Kokkirakulam, Tirunelveli-627 009.

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3.The District Educational Officer, S.N.High Road, Tirunelveli-627 001.

+1 CC to M/s.SPL GP ( SR-1118[F] dated 19/01/2021 ) 11.01.2021 DKS(CO) KB(29.01.2021) 3P 5C DKS(CO) KB(26.03.2021) 3P 5C 3/3