Zubaida Higher Secondary v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.9930 of 2018 Zubaida Higher Secondary School, Kayalpatnam-628 204, Tuticorin District, Represented by its Correspondent : Petitioner Vs.

1.The Director of School Education (Higher Studies), Chennai-06.

2.The Chief Educational Officer, Tuticorin District, Tuticorin.

:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 08.01.2018 seeking salary grant for all the post graduate teaching staffs employed in the petitioner school and pass orders on merits and in accordance with law within a period that may be stipulated by this Court.

For Petitioner : Mr.M.E.Ilango For Respondents : Mr.V.Anand, Government Advocate.

ORDER

Heard Mr.M.E.Ilango, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate, who takes notice on behalf of the respondents.

2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.It is the grievance of the petitioner that his representation dated 08.01.2018 seeking salary for all the post graduate teaching staffs employed in the petitioner school has not been considered by the respondents till date and therefore, has filed the present writ petition.

4.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the https://hcservices.ecourts.gov.in/hcservices/

same in one way or other. Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. 5.In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 08.01.2018 on its own merits and take further action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. No costs.

Sd/ Assistant Registrar (AD-I) /True copy/ Sub Assistant Registrar To 1.The Director of School Education (Higher Studies), Chennai-06.

2.The Chief Educational Officer, Tuticorin District, Tuticorin.

+1cc to Mr.M.E.ILANGO, Advocate, SR.No. 64428 W.P.(MD)No.9930 of 2018 27.04.2018 MYR KK/KKR/SAR-2/21.05.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/