Senthil Rani.S v. The Joint Director Of
W.P.(MD) No.1813 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.1813 of 2021 S.Senthil Rani
...Petitioner
Vs.
1.The Joint Director of School Education (Aided) College Road, Chennai - 600 006.
2.The Director of Elementary Education, College Road, Chennai - 600 006.
3.The District Educational Officer, Usilampatti, Madurai District.
4.The Block Educational Officer, T.Kallupatti, Madurai District.
5.The Block Educational Officer, Thirumangalam, Madurai District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to regularize forthwith the service of the petitioner for the period from 01.06.2013 and 04.03.2014 (9 months and 4 days) with all monetary and other attendant service benefits. For Petitioner : Mr.T.Cibi Chakraborthy.
For Respondents : Mr.A.Thiyagarajan Government Advocate
O R D E R
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents to regularize forthwith the service of the petitioner for the period from 01.06.2013 and 04.03.2014 (9 months and 4 days) with all monetary and other attendant service benefits, was not considered, the Writ Petition has been filed. According to the petitioner, she has made a representation in this regard on 08.12.2020, which is still pending.
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.1813 of 2021 amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, it would be appropriate to direct the respondents 3 and 4 herein to consider the petitioner's representation dated 08.12.2020, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 5.Accordingly, there shall be a direction to the respondents 3 and 4 to consider the petitioner's representation dated 08.12.2020, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Joint Director of School Education (Aided) College Road, Chennai - 600 006.
2.The Director of Elementary Education, College Road, Chennai - 600 006.
3.The District Educational Officer,Usilampatti, Madurai District. 4.The Block Educational Officer, T.Kallupatti, Madurai District. 5.The Block Educational Officer, Thirumangalam, Madurai District. +1 CC to M/s.SPL GP ( SR-3292[F] dated 04/02/2021 ) +1 CC to M/s.T.CIBI CHAKRABORTHY, Advocate ( SR-3107[F] dated 03/02/2021 ) W.P.(MD) No.1813 of 2021 03.02.2021 ES(CO) KB(18.02.2021) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2