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Madras High CourtWP(MD)/4014/2022disposed of

Sahaya Vanitha v. The Principal Secretary

2022-03-04Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.4014 of 2022 Sahaya Vanitha ... Petitioner -vs1. The Principal Secretary, School Education Department, Secretariat, Fort, St. George, Chennai - 600 009.

2. The Directorate of School Education Department, DPI, Complex, College Road, Chennai.

3. The Chief Educational Officer, School Education Department, Thanjavur District, Thanjavur.

4. The District Educational Officer, School Education Department, Thanjavur District, Thanjavur.

5. The Correspondent, St.Rita Middle School, Thirupoonthuruthi, Thanjavur District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to give any job to the petitioner on compassionate ground on the basis of representation dated 21.08.2018, 18.08.2021 and 19.02.2022.

For Petitioner: Mr.T.Indrachithu For R1 to R4 : Mr.G.V.Vairam Santhosh, Additional Government Pleader.

O R D E R

The relief sought for in the present writ petition is to direct the respondents to provide any employment to the petitioner on compassionate grounds.

2.The petitioner states that her husband was working as Secondary Grade Teacher in the 5th respondent school and died on 04.06.2018 in a road accident. On account of such demise of the husband of the petitioner, the family is in penurious circumstances. The petitioner submitted applications to provide appointment on compassionate grounds on 21.08.2018, 18.08.2021 and 19.02.2022.

3.The 5th respondent is a Minority Aided Institution, however, governed under the provisions of the Aided Schools Regulations Act. Therefore, the 5th respondent has to consider the claim of the writ petitioner as per the scheme of compassionate appointment based on merits and in accordance with the scheme of compassionate appointment.

4.Thus, the petitioner has to submit appropriate application in a prescribed format along with all relevant documents establishing her eligibility. If any such application is filed, then the 5th respondent has to consider the application strictly in accordance with the terms and conditions of the scheme of compassionate appointment and take a decision on merits as expeditiously as possible.

5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) abr

To

1. The Principal Secretary, School Education Department, Secretariat, Fort, St. George, Chennai - 600 009.

2. The Directorate of School Education Department, DPI, Complex, College Road, Chennai.

3. The Chief Educational Officer, School Education Department, Thanjavur District, Thanjavur.

4. The District Educational Officer, School Education Department, Thanjavur District, Thanjavur.

+1 CC to M/s.T.INDRACHITHU, Advocate ( SR-10148[F] dated 04/03/2022 ) +1 CC to M/s.SPL Government Pleader ( SR-10159[F] dated 04/03/2022 ) W.P.(MD) No.4014 of 2022 04.03.2022 SP/24/03/2022/3P/8C