Mariya Clemence Devi v. The Director Of Elementary School Education,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Mariya Clemence Devi : Petitioner Vs.
1.The Director of Elementary School Education, College Road, Chennai - 6.
2.The Chief Educational Officer, O/o. The Chief Educational Officer, Cena.Vana.Higher Secondary School, Thoothukudi.
3.The District Educational Officer, O/o. The District Educational Officer, Pudukottai, Thoothukudi District.
4.The Block Educational Officer, Srivaikundam, Thoothukudi District.
5.The Secretary, Hindu Adhi Dravida Middle School, Sivakalai - 628 753, Tiruvaikundam Taluk, Thoothukudi District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus directing the fourth respondent to consider the petitioner's representation dated 03.08.2020 and further directing the fourth respondent to disburse the petitioner's salary, for the period she worked in the fifth respondent school.
For Petitioner : Mr.V.Rajiv Rufus For Respondents : Mr.J.Ashok, Additional Government Pleader for R.1 to R.4 1/3
Mr.G.Thalaimutharasu for R.5 *****
ORDER
Heard the learned Counsel appearing for the respective parties. 2.According to the petitioner, she is a Teacher and has cleared the Teachers Eligibility Test (TET) twice in the years 2013 and 2017. When she was waiting for regular posting, a vacancy arose in the fifth respondent school, owing to the maternity leave of one Teacher. In the said place, the petitioner was appointed and she worked in the school for a period of 270 days from 23.10.2018 to 19.07.2019. Though the fourth respondent has accepted the said appointment and allowed the petitioner to work in the fifth respondent School, the salary for the said period was not yet disbursed. In this regard, she has made a representation to the authorities on 03.08.2020. Since there is no positive action, she has filed the present writ petition.
3.When the matter is taken up for hearing today, learned Counsel for the petitioner submitted that it would suffice if the representation of the petitioner dated 03.08.2020 is directed to be disposed of by the fourth respondent, within a stipulated time limit.
4.In view of the limited scope of the relief sought for, this Court, without expressing anything on the merits of the case, directs the fourth respondent to consider the petitioner's representation dated 03.08.2020 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above directions, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) gk 2/3
To 1.The Director of Elementary School Education, College Road, Chennai - 6.
2.The Chief Educational Officer, O/o. The Chief Educational Officer, Cena.Vana.Higher Secondary School, Thoothukudi.
3.The District Educational Officer, O/o. The District Educational Officer, Pudukottai, Thoothukudi District.
4.The Block Educational Officer, Srivaikundam, Thoothukudi District.
+1 CC to M/s.SPL GP ( SR-1246[F] dated 11/01/2022 ) RD/CK(07.02.2022) 3P 6C 3/3