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Madras High CourtWP(MD)/8827/2023disposed of

Sahayadolly v. The Chief Educational Officer

2024-12-05Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.8827 of 2023 Sahayadolly ... Petitioner Vs.

1. The Chief Educational Officer, O/o. The Chief Educational Officer, Nagercoil, Kanyakumari District.

2. The District Educational Officer, O/o. The District Educational Officer, Thuckalay, Kanyakumari District.

3. The Correspondent/Headmistress, Sacred Heart High School, Kadiapattinam, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second Respondent to consider the Petitioners representation dated 01.12.2021 and provide the continuity of service to the Petitioner, without any break in service from 19.12.2006 to 03.08.2014 within the time stipulated by this Court.

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For Petitioner : Mr.S.Louis For R1 and R2 : Mr.T.Amjadkhan Government Advocate For R3 : M/s.Amala Irudhayamary

O R D E R

The instant Writ Petition has been filed by a Secondary Grade Teacher working in the third respondent School, seeking a Mandamus to consider her representation dated 01.12.2021.

2. A perusal of the representation reveals that due to her implication in a criminal case, the Management has prevented her from attending duty and she was forced to go on extraordinary leave between 19.02.2006 and 04.08.2014. Even though, she had joined the service on 04.08.2014, she has not been provided with continuity of service and annual increment. Seeking the said benefits, the petitioner has given a representation to all the respondents on 01.12.2021 which is also acknowledged by them. Since there is no response, the present writ petition has been filed. 2/5

3. Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent.

4. Considering the above said facts, the second respondent is directed to consider the representation of the petitioner dated 01.12.2021 and pass orders on merits and in accordance with law, after obtaining a report from the third respondent within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.

05.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Chief Educational Officer, O/o. The Chief Educational Officer, Nagercoil, Kanyakumari District.

2. The District Educational Officer, O/o. The District Educational Officer, Thuckalay, Kanyakumari District.

3. The Correspondent/Headmistress, Sacred Heart High School, Kadiapattinam, Kanyakumari District.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.8827 of 2023 05.12.2024 5/5