S. Nagalakshmi v. The District Educational

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.10542 of 2019 S.Nagalakshmi ... Petitioner Vs.

1.The District Educational Officer, Pudukkottai - 628 103.

2.The Assistant Educational Officer No.1, Thoothukudi Panchayat Union, Pudukkottai, Thoothukudi District.

3.The Correspondent, Sethuraman Vidyalayam, Allikulam - 628 103, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to relive the petitioner on voluntary retirement from the post of Assistant Teacher in the 3rd respondent School. For Petitioner : Mr.G.Prabhurajadurai For Respondent : Mrs.S.Srimathy, Nos.1 and 2 Special Government Pleader For Respondent : Mr.T.Lajapathy Roy No.3

ORDER

This writ petition has been filed seeking a Writ of Mandamus directing the respondents to releive the petitioner on voluntary retirement from the post of Assistant Teacher. 2.Heard the learned Counsel on either side. By Consent, this writ petition is taken up for final disposal at the stage of admission itself.

3.The learned Counsel appearing for the petitioner submitted that the petitioner's application submitted under Voluntary Retirement Scheme, has not been considered by the respondents for several months. Hence, the present writ petition with the above prayer, is filed.

4.The learned Counsel for the petitioner prayed that the said application shall be directed to be forwarded by the third respondent to the first respondent, who shall consider the same on merits within the time stipulated by this Court, for which the learned Counsel appearing for the respective respondents have no https://hcservices.ecourts.gov.in/hcservices/

serious objection.

5.Having regard to the submissions made on either side and also considering the limited scope of the relief sought for by the petitioner, this Court, without going into the merits of the case, directs the 3rd respondent to forward the application of the petitioner dated 03.11.2018, to the 1st respondent within a period of two weeks from the date of receipt of a copy of this order and the 1st respondent, on receipt of the said application, shall consider the same and pass necessary orders, on merits and in accordance with law, after affording opportunity of hearing to the petitioner, within a period of four weeks therefrom.

6.The writ petition is disposed of, on the above terms. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The District Educational Officer, Pudukkottai - 628 103.

2.The Assistant Educational Officer No.1, Thoothukudi Panchayat Union, Pudukkottai, Thoothukudi District.

3.The Correspondent, Sethuraman Vidyalayam, Allikulam - 628 103, Thoothukudi District.

+1cc to Mr.G.Prabhurajadurai, Advocate, SR.No. 63443 +1cc to M/s.Special Government Pleader,SR.No.64048 ORDER MADE IN WP(MD)No.10542 of 2019 DSK KK/SAR/09.05.2019/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/