R.Mariyammal v. The Joint Director Of School Education(Vocational)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.4208 of 2020 R.Mariyammal ... Petitioner /vs./ 1.The Joint Director of School Education (Vocational), College Road, Chennai-600 006.
2.The Chief Educational Officer, Ramanathapuram, Ramanathapuram District.
3.The Headmaster, Government Higher Secondary School, Sethankulam, Ramanathapuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent CEO herein to consider the proposal submitted by the third respondent dated 25.01.2020 and the reminder submitted by the petitioner on 21.02.2020 to recommend the petitioner's candidature for the promotion of Computer Instructor Grade-I. For Petitioner : M/s.A.Amala For Respondent : Mr.A.Thiyagarajan Government Advocate
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The limited prayer sought for the petitioner is that to consider the proposal submitted by the third respondent, dated 25.01.2020 and the reminder submitted by her on 21.02.2020, to recommend her candidature for the promotion of Computer Instructor Grade-I.
3.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 merit 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.
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4. In view of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 21.02.2020 as well as the proposal submitted by the third respondent on 25.01.2020, on its own merits and pass appropriate orders within a period of eight (8) 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 second respondent to consider it in accordance with law.
5. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Joint Director of School Education (Vocational), College Road, Chennai-600 006.
2.The Chief Educational Officer, Ramanathapuram, Ramanathapuram District.
3.The Headmaster, Government Higher Secondary School, Sethankulam, Ramanathapuram District.
+1 CC to M/s.A.AMALA, Advocate ( SR-9155[F] dated 28/02/2020 ) +1 CC to M/s.SPL GP ( SR-9527[F] dated 02/03/2020 ) W.P.(MD) No.4208 of 2020 28.02.2019 KK 11.03.2020 2P 6C https://hcservices.ecourts.gov.in/hcservices/