Meenakshi L v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA L.Meenakshi ... Petitioner Vs.

1. The Secretary to Government, Education Department, St. George Fort, Chennai.

2. The Director, School of Education Department, D.P.I Complex Road, Chennai 6.

3. The Chief Educational Officer, Tenkasi District, Tenkasi.

4. The District Educational Officer, Tenkasi.

5. The S.M.S.S.Government Boys Higher Secondary School, Shencottai, Tenkasi District.

... Respondents (Cause Title amended vide order of this Court dated 03.06.2024) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the fifth Respondent to forward the proposal to the fourth respondent to regularize the suspension period of the 1/5

petitioner's husband from 20.07.2005 to 03.06.2010 and to pay the arrears arising thereon by considering the petitioner's representation dated 26.03.2024. For Petitioner : Mr.R.Rajesh For Respondents : Mr.T.Amjadkhan, Government Advocate

ORDER

The fourth respondent in the cause title has been wrongly mentioned as the Director of Educational Officer, Tenkasi District, Tenkasi, instead of the District Educational Officer, Tenkasi. Hence, Registry is directed to carry out the necessary amendment in the cause title.

2. Heard Mr.R.Rajesh, learned counsel appearing for the petitioner and Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents.

3. This Writ Petition has been filed seeking direction to the fifth Respondent to forward the proposal to the fourth respondent to regularize the suspension period of the petitioner's husband from 20.07.2005 to 03.06.2010 and to pay the arrears arising thereon by considering the petitioner's representation dated 26.03.2024.

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4. Mr.R.Rajesh, learned counsel appearing for the petitioner submitted that the petitioner's husband, who was kept under suspension for the period from 20.07.2005 to 03.06.2010, had retired from service on 28.02.2013 and thereafter, died in harness on 20.02.2020. He further submitted that the suspension period undergone by the petitioner's husband was not regularized so far and the monetary benefits if any consequent to such regularization has not been disbursed. In this regard, the petitioner herein sent a representation to the fifth representation on 26.03.2024. Since no action has been taken by the respondents, the petitioner has filed this Writ Petition.

5. Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents on instructions would submit that the fourth respondent has forwarded the papers to the third respondent / Chief Edcucational Officer and the papers is now pending before the third respondent and the third respondent has to forward the papers to the Joint Director, School Education Department, DPI Complex, Chennai and he/she has to pass appropriate orders.

6. In view of the above submission, this Writ Petition is disposed of with a direction to the third respondent to forward the papers to the Joint Director of School Education (Personnel), Directorate of School Education, DPI Complex, 3/5

College Road, Chennai, within a period of two weeks from the date of receipt of a copy of this order in order to enable him / her to pass appropriate orders. No costs.

03.06.2024 Index:yes/no Internet:yes/no Ncc : yes/no TSG To

1. The Secretary to Government, Education Department, St. George Fort, Chennai.

2. The Director, School of Education Department, D.P.I Complex Road, Chennai 6.

3. The Chief Educational Officer, Tenkasi District, Tenkasi.

4. The District Educational Officer, Tenkasi.

5. The Joint Director of School Education (Personnel), Directorate of School Education, DPI Complex, College Road, Chennai.

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R.N.MANJULA, J.

TSG 03.06.2024 5/5