Madras High CourtWP(MD)/9768/2019disposed of

R.Valavanthal v. The Joint Director

2019-04-24Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9768 of 2019 R.Valavanthal ... Petitioner vs.

1.The Joint Director (Higher Secondary), O/o.The Joint Director, DPI Compound, College Road, Chennai.

2.The District Educational Officer, O/o.The District Educational Officer, Virudhunagar, Virudhunagar District.

3.The Correspondent, Kshatriya Girls Higher Secondary School, Virudhunagar, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the second respondent to consider and pass suitable orders on the petitioner's representation, dated 27.08.2018 to regularize the service of the petitioner from the date of her initial appointment i.e., from 01.06.2001.

For Petitioner : MR.C.Venkatesh Kumar for M/s.Ajmal Associates For RR 1 & 2 : Mrs.S.Srimathy, Special Government Pleader.

ORDER

This writ petition has been filed seeking a direction to the second respondent to consider and pass orders on the petitioner's representation, dated 27.08.2018 to regularize her service from the date of her initial appointment i.e., from 01.06.2001. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

3.The case of the petitioner is that she was appointed as Junior Assistant in the third respondent School on 01.06.2001. While so, as per G.O.Ms.No.277, School Education Department, dated 22.09.2010, the petitioner's service has been regularized with effect from 06.07.2007 instead of from the date of her initial appointment ie., on 01.06.2001. Hence, seeking regularization with effect from the date of her initial appointment ie., on 01.06.2001, the petitioner sent a representation, dated 27.08.2018 to the respondents 1 and 2. Since the same has not been considered so far, the petitioner has filed the present Writ Petition. 4.The learned Special Government Pleader appearing for the respondents 1 and 2 submitted that the petitioner's representation would be considered by the second respondent within the time frame fixed by this Court.

5. Considering the nature of the relief sought for by the petitioner, this Court, without going into the merits of the case, directs the second respondent to consider the representation of the petitioner, dated 27.08.2018 seeking regularization of service and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Records) // True Copy // Sub Assistant Registrar(CS ) To 1.The Joint Director (Higher Secondary), O/o.The Joint Director, DPI Compound, College Road, Chennai.

2.The District Educational Officer, O/o.The District Education, Virudhunagar, Virudhunagar District.

3.The Correspondent, Kshatriya Girls Higher Secondary School, Virudhunagar, Virudhunagar District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate in SR-62583 +1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.62970 W.P(MD)No.9768 of 2019 24.04.2019 ps PK/14.05.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/