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Madras High CourtWP(MD)/6032/2019disposed of

Mrs.A.J.Ruth, v. The State Of Tamilnadu

2019-03-14Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.6032 of 2019 A.J.Ruth ... Petitioner vs.

1.The State of Tamil Nadu, Represented by its Secretary, School Education (C2) Department, Fort St. George, Chennai.

2.The Director of School Education, College Road, Chennai.

3.The Chief Educational Officer, O/o. Chief Educational Office, Madurai.

4.The District Educational Officer, Melur, Madurai District.

5.The Bishop cum Manager of CSI Schools, CSI Madurai Ramnad Diocese, Madurai.

6.The Correspondent, American College Higher Secondary School, Tallakulam, Madurai - 625 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent No.4 to appoint the petitioner on compassionate ground to the post of teacher in any of the diocesan school managed by the fifth respondent by considering her application, dated 20.05.2009. For Petitioner : Mr.J.Lawrance For Respondents : Mrs.S.Srimathy Special Government Pleader for R.1 to R.4

ORDER

The Writ Petition is filed seeking a direction to the respondent No.4 to appoint the petitioner on compassionate ground to the post of teacher in any of the diocesan school managed by the fifth respondent by considering her application, dated 20.05.2009.

2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader, who takes notice for the respondents 1 to 4. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that her husband Alfred Benjamin Premkumar died on 27.04.2009, while he was working as the Physical Education Teacher in the sixth respondent school. Hence, the petitioner sent a representation to the respondents on 20.05.2009. Since no action is forthcoming, the petitioner is constrained to file this writ petition.

4. The learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the representation of the petitioner would be considered within a stipulated time as fixed by this Court.

5. Considering the nature of relief sought for by the petitioner, without going into the merits of the petitioner's case, the fourth respondent is directed to consider the representation of the petitioner dated 20.05.2009 seeking compassionate appointment, if there are no other legal impediments and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) ssl To 1.The Secretary, School Education (C2) Department, Fort St. George, Chennai.

2.The Director of School Education, College Road, Chennai.

3.The Chief Educational Officer, O/o. Chief Educational Office, Madurai.

4.The District Educational Officer, Melur, Madurai District.

+1CC TO MR.J.LAWRANCE, Advocate Sr. No. 54410 W.P(MD)No.6032 of 2019 14.03.2019 TR (15.04.2019) 3P 6C