Manjula.V v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH V.Manjula
...Petitioner in W.P.(MD)No.7182 of 2021
M.Leema Roselin
...Petitioner in W.P.(MD)No.7184 of 2021
V.Sathya Jothi
...Petitioner in W.P.(MD)No.7185 of 2021
N.Theresita
...Petitioner in W.P.(MD)No.7186 of 2021
R.Sumathi
...Petitioner in W.P.(MD)No.7187 of 2021
/vs./ 1.The Secretary, State Government of Tamil Nadu, Department of School Education, Secretariat, Fort St. George, Chennai - 600 009.
2.The Director of School Education, Directorate of School Education, College Road, Chennai - 600 006.
3.The Chief Educational Officer, O/o. The Chief Educational Officer, Trichy, Trichy District.
...Respondents in all WPs
COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to redeploy the petitioners in the available vacancies in the post of Secondary Grade Teacher back to Thirverumbur Union in Trichy District.
For Petitioner :Mr.S.Louis (in all WPs) For Respondents :Mr.N.Shanmugaselvan (in all WPs) Additional Government Pleader COMMON ORDER By consent of both parties, this writ petitions are taken up for final disposal at the stage of admission itself. 2.Since the petitioners' request to the respondents to redeploy them in the available vacancies in the post of Secondary Grade Teacher back to Thirverumbur Union in Trichy District was not considered, the Writ Petitions have been filed. According to the 1/3
petitioners, they have made a representation in this regard on 15.03.2021, which is still pending.
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, 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. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, it would be appropriate to direct the third respondent herein to consider the petitioners' representation dated 15.03.2021, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioners and that it is open to the concerned respondent to consider the same on its own merits. 5.Accordingly, there shall be a direction to the third respondent to consider the petitioners' representation dated 15.03.2021, on its own merits and pass appropriate orders in accordance with law, within a period of three weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petitions stand disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) cp To 1.The Secretary, State Government of Tamil Nadu, Department of School Education, Secretariat, Fort St. George, Chennai - 600 009.
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2.The Director of School Education, Directorate of School Education, College Road, Chennai - 600 006.
3.The Chief Educational Officer, O/o. The Chief Educational Officer, Trichy, Trichy District.
+5 CC to M/s.S.LOUIS, Advocate ( SR-14540[F] dated 30/03/2021 ) +1 CC to M/s.SPL GP ( SR-14803[F] dated 31/03/2021 ) Common Order made in W.P.(MD)Nos.7182, 7184, 7185, 7186 and 7187 of 2021 RK (21.04.2021) 3P 10C 3/3