N.Thanalakshmi @ Velammal (Suspension) v. The Joint Director Of School Education(Elementary School)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI N.Thanalakshmi @ Velammal ... Petitioner Vs.
1.The Joint Director of School Education (Elementary School), O/o.The Directorate of School Education Department, DPI Compound, College Road, Chennai-6.
2.The Chief Educational Officer, O/o.The Chief Education Office, Tirunelveli, Tirunelveli District.
3.The District Educational Officer, O/o.The District Educational Office, Tirunelveli, Tirunelveli District.
4.The Block Educational Officer, O/o.The Block Educational Office, Tirunelveli Town, Tirunelveli District.
5.The Secretary, Hindu Middle School, Melaveeraragavpuram, Tirunelveli District. ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to reinstate the petitioner in service along with arrears of subsistence allowance for the period of two months and pay full salary for the subsequent months in terms of 22(3)(b) of the Tamil Nadu Recognised Private Schools (Regulation) Act 1973 by considering the petitioner's representation dated 27.01.2020 within the period that may be stipulated by this Court. For Petitioner : Mr.H.Mohamed Imran for Mr.C.Venkatesh Kumar For Respondents : Mr.J.Ashok Additional Government Pleader 1/3
ORDER
The relief sought for in the present writ petition is to consider the representation of the petitioner dated 27.01.2020.
2. The petitioner, who was working as Secondary Grade Teacher in the fifth respondent School, has been placed under suspension vide proceedings dated 28.06.2018 on the ground that he acted against the School Management. He has not been paid with subsistence allowance by the Management for two months. Further, the Competent Authority has not extended the suspension period and approved the punishment of removal from service decided by the School committee in its resolution dated 07.06.2016. Hence, the petitioner made a representation to the respondents on 27.01.2020 requesting them to either reinstate him in service or pay full salary. However, no action has been taken by the respondents so far. Hence, the writ petition has been filed.
3. The learned counsel for the petitioner states that it would be sufficient if a direction is given to the respondents to dispose of the representation of the petitioners.
4. Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents states that the representation of the petitioner is under consideration.
5. In view of the limited scope of the relief sought for, this Court, without expressing anything on the merits of the case, directs the respondents to consider the petitioner's representation dated 27.01.2020 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.
6.With the above directions, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3
To 1.The Joint Director of School Education (Elementary School), O/o.The Directorate of School Education Department, DPI Compound, College Road, Chennai-6.
2.The Chief Educational Officer, O/o.The Chief Education Office, Tirunelveli, Tirunelveli District.
3.The District Educational Officer, O/o.The District Educational Office, Tirunelveli, Tirunelveli District.
4.The Block Educational Officer, O/o.The Block Educational Office, Tirunelveli Town, Tirunelveli District.
5.The Secretary, Hindu Middle School, Melaveeraragavpuram, Tirunelveli District.
+1 CC to M/s.SPL GP ( SR-1293[F] dated 11/01/2022 ) 07.01.2022 SS/24.02.2022 : 3P/7C 3/3