S. Prema v. The District Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2015

CORAM:

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.(MD)No.17327 of 2015 S.Prema ...

Petitioner Vs.

1.The District Elementary Educational Officer, Dindigul District.

2.The Assistant Elementary Educational Officer, Dindigul.

3.The Secretary, S.R.K.N.M.Primary School, Dindigul.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to regularize the petitioner's service with backwages for allowing all retirement benefits based on the petitioner's representation dated 28.02.2015 according to law, within the stipulated time limit that may be fixed by this Court.

For Petitioner : Mr.S.Muthalraj For Respondents : Mr.Aaiyeram K.Selvakumar, G.A.

for R1 and R2, takes notice

O R D E R

This Writ petition has been filed by the petitioner viz.,S.Prema, to issue a Writ of Mandamus, directing the respondents 1 and 2 to regularize the service of the petitioner with all backwages and also retirement benefits based on the representation dated 28.02.2015 within a time frame.

2.Mr.Aaiyeram K.Selvakumar, learned Government Advocate takes notice for the official respondents. By consent, this Writ Petition itself is taken up for final disposal. 3.The petitioner joined as Secondary Grade Assistant in the 3rd respondent School on 01.07.1985. Based on an allegation, she has not been allowed to serve in the said post. By an order dated 03.04.2012, the 2nd respondent allowed the petitioner to join duty in the 3rd respondent school. However, the 3rd respondent has not allowed the petitioner to join duty and thereafter, the said school was closed on 25.07.2013. The grievance of the petitioner https://hcservices.ecourts.gov.in/hcservices/

is that her representation dated 28.02.2015 requesting to provide alternative employment in any other aided school, has not been considered by the respondents 1 and 2. Hence, the petitioner is before this Court with the present Writ petition. 4.The learned counsel appearing for the petitioner would submit that it would be suffice if the representation of the petitioner is disposed of, by the respondents 1 and 2, on merits and in accordance with law within the time stipulated by this Court.

5.The learned Government Advocate appearing for the respondents 1 and 2 would submit that the representation of the petitioner will be considered in accordance with law. 6.In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the respondents 1 and 2 are directed to pass appropriate orders on the representation of the petitioner, dated 28.02.2015, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar nbj To 1.The District Elementary Educational Officer, Dindigul District.

2.The Assistant Elementary Educational Officer, Dindigul.

+1CC to Spl.Government Pleader Sr.No.56816 GJM/GSV/PM/30.10.15-2P-4C W.P.(MD)No.17327 of 2015 25.09.2015 https://hcservices.ecourts.gov.in/hcservices/