C.Jeyarani Gnanadevi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH C.Jeyarani Gnanadevi ... Petitioner /vs./

1. The State of Tamil Nadu rep., by the Principal Secretary to Government School Education Department, Fort St.George, Chennai 600 009.

2. The Joint Director (Vocational) Directorate of School Education, DPI Compound, College Road, Chennai 600 006.

3. The District Educational Officer, Thiruchandur, Thuthukudi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents give I incentive with 2 increments from the date of acquiring higher qualification as per the G.O.Ms.No.240, School Education Department, dated 18.08.2010 G.O.Ms.No.324 dated 25.04.1995 and as per the judgment rendered by this Court dated 17.04.2012 in W.P.No.12817 of 2011.

For Petitioner : Mr.R.Saravanan For Respondents : Mr.A.Thiagarajan Government Advocate

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. Though the petitioner has sought for issuance of writ of mandamus to direct the respondents give I incentive with 2 increments from the date of acquiring higher qualification as per 1/3

the G.O.Ms.No.240, School Education Department, dated 18.08.2010, G.O.Ms.No.324 dated 25.04.1995 and as per the judgment rendered by this Court dated 17.04.2012 in W.P.No.12817 of 2011, in my view, such a decision is to be taken by the first respondent and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court.

3. The petitioner would submit that she has already made representation on 15.02.2020in this regard, which is said to be pending. If the said representation is directed to be disposed of within stipulated time, the ends of justice could be secured.

4. Whenever a representation is made to a statutory authority to redress the claim of the employee, 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. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.

5. In view of the above observations, there shall be a direction to the first respondent herein to consider the petitioners' representation, dated 15.02.2020, on its own merits and pass appropriate orders within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioner in her representation and it is for the first respondent to consider it in accordance with law.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

1. The Principal Secretary to Government, State of Tamil Nadu School Education Department, Fort St.George, Chennai 600 009.

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2. The Joint Director (Vocational) Directorate of School Education, DPI Compound, College Road, Chennai 600 006.

3. The District Educational Officer, Thiruchandur, Thuthukudi.

+3 CC to M/s.R.SARAVANAN, Advocate ( SR-8862[F] dated 27/02/2020 ) +1 CC to M/s.SPL.GP ( SR-9110[F] dated 28/02/2020 ) RMK TE : 12/03/2020 : 3P/8C Order made in W.P.(MD)No.4066 of 2020 Dated: 27.02.2020 3/3