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Madras High CourtWP(MD)/12919/2019disposed of

R.Mercy Anjela v. The Director Of School

2019-08-07Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.12919 of 2019 R. Mercy Anjela ... Petitioner Vs.

1.The Director of School Education, College Road, DPI Complex, Nungampakkam, Chennai.

2.The District Educational Officer, The office of the District Educational Officer, Thirupatthur, Sivagangai District.

3.The Block Educational Officer, Thirupatthur, Sivagangai District.

4.The Headmaster, RC Fatima Middle School, Thirupathur, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to confer the petitioner with six increments for her service period from 2013 to 2019 as B.T. Asst (Tamil) in the 4th respondent School namely R.C. Fatima Middle School, Thirupathur, Sivagangai District with entire arrears along with interest at the rate of 12% per annum and further direct the respondents to continue to pay the future increments from 2020 without any default.

For Petitioner : Mr. M. Thirunavukkarasu For Respondent : Mrs. S. Srimathy (1 to 3) Special Government Pleader

ORDER

This writ petition has been filed for issuing a direction to the respondents 1 to 3 herein to confer the petitioner with six increments for her service period from 2013 to 2019 as B.T. Asst (Tamil) in the 4th respondent School viz., R.C. Fatima Middle School, Thirupathur, Sivagangai District with entire arrears along with interest at the rate of 12% per annum and further direct the respondents to continue to pay the future increments from 2020 without any default.

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2. Though this petition has been filed to give a positive direction to the respondents, the learned counsel appearing for the petitioner submits that the petitioner will be satisfied, if a direction is issued to the second respondent, to consider the representation of the petitioner, dated 06.05.2018.

3. The learned Special Government Pleader appearing for the respondents submitted that the representation of the petitioner will be considered by the second respondent on merits within a specified time that may be fixed by this Court.

4. Having regard to the limited scope of the prayer, that is now sought before this Court by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the petitioner's case, directs the 2nd respondent to consider the representation of the petitioner, dated 06.05.2018, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Director of School Education, College Road, DPI Complex, Nungampakkam, Chennai.

2.The District Educational Officer, The office of the District Educational Officer, Thirupatthur, Sivagangai District.

3.The Block Educational Officer, Thirupatthur, Sivagangai District.

+1 CC to Mr.M.THIRUNAVUKKARASU, Advocate ( SR-80333[F] dated 07/08/2019 ) +1 CC to SPL GP ( SR-80591[F] dated 08/08/2019 ) W.P(MD)No.12919 of 2019 07.08.2019 trp MK (28.08.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/