Kanagavalli v. The Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and W.M.P.(MD) Nos.6551 of 2020 & 2942 of 2022 Kanagavalli ... Petitioner -vs1.The Secretary to Government Department of School Education St.George Fort, Chennai 2.The Directorate of School Education School Education Department DPI Complex, Chennai 3.The Chief Educational Officer Tirunelveli District, Tirunelveli 4.The District Educational Officer Tirunelveli Educational District Tirunelveli 5.The Administrators CSI Tirunelveli Diocese, Tirunelveli 6.The Correspondent Mary Sargent Girls Higher Secondary School Palayamkottai, Tirunelveli District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the fifth respondent to approve the promotion of the petitioner with effect from 21.07.2017 and pass appropriate orders for claiming of salary for the period of 21.07.2017 to 31.05.2018 and disburse all the retirement benefits of the petitioner along with monthly pension. For Petitioner :
Mr.R.Maheswaran For Respondents :
Mr.S.Shaji Bino Special Government Pleader for R1 to R4 Mr.Thangasivam for R5 Mr.S.C.Herold Singh for R6
O R D E R
The prayer in this writ petition is for issuance of a writ of mandamus directing the fifth respondent to approve the promotion of the petitioner with effect from 21.07.2017 and pass appropriate orders for claiming salary for the period from 21.07.2017 to 31.05.2018 and disburse all the retirement benefits of the petitioner along with monthly pension.
2. The learned counsel appearing for the petitioner submitted that ventilating her grievances viz., approval of promotion, disbursal of the
retirement benefits and monthly pension, the petitioner gave a representation to the respondents as early as on 20.12.2019 and the same is still under consideration with them. Therefore, the learned counsel submitted that it would suffice if a direction is given to the authority concerned to consider the petitioner's representation dated 20.12.2019 and pass appropriate orders on merits and in accordance with law, within a stipulated period.
3. The learned Special Government Pleader appearing for the respondents 1 to 4 and the respective learned counsel appearing for the respondents 5 and 6 submitted that the authority concerned will dispose of the petitioner's representation dated 20.12.2019, within a time frame.
4. In view of the above submission, without going into the merits of the claim made by the petitioner, the authority concerned is directed to consider the petitioner's representation dated 20.12.2019 and pass appropriate orders on merits and in accordance with law, after giving sufficient opportunity of personal hearing to all the parties concerned, within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 14.10.2022 (2/4) Index :
Yes / No Internet :
Yes / No krk To:
1.The Secretary to Government, Department of School Education, St.George Fort, Chennai.
2.The Directorate of School Education, School Education Department, DPI Complex, Chennai.
3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.
4.The District Educational Officer, Tirunelveli Educational District, Tirunelveli.
R.MAHADEVAN , J.
krk and W.M.P.(MD) Nos.6551 of 2020 & 2942 of 2022 14.10.2022 (2/4)