Madras High CourtWP(MD)/4043/2018allowed

M.Rajeshwari, v. The State Of Tamil Nadu,

2018-03-01Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.4043 of 2018 M.Rajeshwari ... Petitioner Vs.

1. The State of Tamil Nadu, Rep.by its Principal Secretary, Department of Personnel and Administrative Reforms, Fort St. George, Chennai.

2. The Department of School Education, Rep.by its Principal Secretary, Fort St George, Chennai.

3. The Director of School Education, O/o. The Director of School Education, DPI Campus, Chennai.

4. The District Collector, O/o.The District Collector, Ramanathapuram District.

5. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

6. The Assistant Director, Professional and Executive Employment Branch Office, K.Pudur, Madurai-7.

7. The Assistant Director, O/o.The District Employment Office, Ramanathapuram District.

8. The Special Tahsildar (ADW), O/o.the Special Tahsildar (ADW), Ramanathapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents No.6 and 7 to register the name of the petitioner in the special category of "Land Looser by Acquisition" by calculating seniority from the date of land acquisition proceeding ie., 01.03.2007 and consequently direct the respondents 2 and 3 to appoint her in the post of teacher

or any other post suitable for her qualification in light of G.O.Ms.No.188, Personal and Administrative Department dated 28.12.1976.

For petitioner : Mr.T.Lajapathi Roy For respondents : Mr.J.Gunaseelan Muthaiah, Additional Government Pleader

O R D E R

The petitioner had registered herself with the sixth respondent on 27.06.2011.

The petitioner's Registration Number is MDP2011F00103961. The petitioner's family earlier gifted their lands for putting up a Community Hall. Therefore, the petitioner wants inclusion of her name under the priority category of "Land Loser by Acquisition". This request was denied. 2.Therefore, the petitioner earlier filed WP(MD)No.18131 of 2016. By order dated 22.09.2016, this Court set aside the order of the authority and held that the petitioner is entitled to be included under the priority category and the petitioner was directed to give a representation in this regard. Accordingly, the petitioner gave a representation dated 04.04.2017. Since it was not considered, this writ petition has been filed. 3.When the matter was taken up for disposal, the learned Additional Government Pleader appearing for the respondents submitted that the grievances of the petitioner had already redressed.

4.The above said submission is recorded. Direction is given to the respondents six and seven to include the petitioner's name in the priority category. Since the petitioner had already registered herself on 27.06.2011, her seniority under the said priority category will be counted from the said date of registration. 5.Accordingly, this writ petition is allowed. No costs. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary, Department of Personnel and Administrative Reforms, Fort St. George, Chennai.

2.The Principal Secretary, Department of School Education, Fort St George, Chennai.