Sivanthipatti Nadar Girls High School v. The Chief Educational Officer
W.P.(MD) No.4172 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.4172 of 2020 Sivanthipatti Nadar Girls High School Mamsapuram 626 110, Virudhunagar District, rep.,by its Secretary ... Petitioner /vs./ 1.The Chief Educational Officer, Virudhunagar District, Virudhunagar 626 002.
2.The District Educational Officer, Srivilliputhur Educational District, Srivilliputhur 626 125, Virudhunagar District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to grant permission to fill up the vacant post of Sewing Teacher the petitioner school namely Sivanthipatti Nadar Girls High School, Mamsapuram 626 110 Virudhunagar District as per the proposal submitted by the petitioner dated 23.09.2019 and as per recommendation by the second respondent dated 17.10.2019. For Petitioner : Mr.K.K.Kannan For Respondents : 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. Though the petitioner has sought for issuance of writ of mandamus to direct the first respondent to grant permission to fill up the vacant post of Sewing Teacher the petitioner school namely Sivanthipatti Nadar Girls High School, Mamsapuram 626 110 Virudhunagar District 9, 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 they have already made representation on 11.10.2019 in 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.4172 of 2020
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 petitioner's representation, dated 11.10.2019, 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 their 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 (Crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To:
1.The Chief Educational Officer, Virudhunagar District, Virudhunagar 626 002.
2.The District Educational Officer, Srivilliputhur Educational District, Srivilliputhur 626 125, Virudhunagar District.
+1 CC to M/s.K.K.KANNAN, Advocate ( SR-9246[F] dated 28/02/2020 ) +1 CC to M/s.SPL.GP ( SR-9646[F] dated 02/03/2020 ) Order made in W.P.(MD)No.4172 of 2020 Dated:28.02.2020 SMA/17/03/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2