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Madras High CourtWP(MD)/12642/2017disposed of

S.Anne Cathorine Mary, v. The Government Of Tamil Nadu,

2017-07-07Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.12642 of 2017 S.Anne Cathorine Mary : Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Secretary to Government, School Education Department, Fort St. George, Chennai-600 009.

2.The Director of School Education, College Road, Chennai-600 006.

3.The Joint Director of School Education, College Road, Chennai-600 006.

4.The Assistant Accounts Officer, TPK Road, Periyar, Madurai 5.The District Educational Officer, Thallakulam, Madurai.

: Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to regularise the petitioner's service with effect from 20.09.1996 (date of approval as double part time Vocational Instructor) by the extending the benefit of G.O.(2D) No.7, Education Department, dated, 23.02.2012 and G.O. (2D).No.159, Education Department, dated, 13.11.2015 and also consider the 50% of the service of the petitioner for the period from 04.06.1991 to 20.09.1996 during which the petitioner's service was not regularized for the purpose of her service for pension as per G.O.(2D).No.148, Education Department, dated, 22.06.2016.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.K.Guru Additional Government Pleader

O R D E R

Mr.K.Guru, learned Additional Government Pleader, takes notice for the respondents.

2. By consent, the main Writ Petition itself is taken up final disposal.

3. The petitioner who is working as a Secondary Grade Teacher with B.T. Scale, has given a representation to the respondents on 05.06.2017 through registered post, requesting them to regularize the service of the petitioner with effect from 20.09.1996 ie., from the date of approval as double part time Vocational Instructor on the basis of G.O.(2d).No.7, Education Department, dated, 23.02.2012 and G.O(2d) No.159, Education Department dated 13.11.2015 by considering 50% of the non-regularized service of the petitioner for the period from 04.06.1991 to 20.09.1996. The said representation has not been disposed of by the respondents till date and therefore, the petitioner has come up with this writ petition with the aforesaid prayer.

4.Mr.K.Guru, the learned Additional Government Pleader, who took notice for the respondents seeks six weeks time to dispose of the petitioner's representation.

5. In view of the same, without going into the merits of the claim made by the petitioner, considering the limited scope of the prayer sought for by the petitioner, this Court directs the first respondent to consider the representation of the petitioner, dated 05.06.2017 and pass orders on the same, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of the order.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To 1.The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.

2.The Director of School Education,College Road, Chennai-600 006.

3.The Joint Director of School Education, College Road, Chennai-600 006.

4.The Assistant Accounts Officer, TPK Road, Periyar, Madurai 5.The District Educational Officer, Thallakulam, Madurai.

+1CC to M/S.G.Prabhu Rajadurai, Advocate, SR.No.64325 +1CC to the Special Government Pleader SR.No. 64407 W.P.(MD)No.12642 of 2017 07.07.2017 pm/tsg AM/MR KKR/SAR 3/17.07.2017/3P/8C