J.Queen Mary, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2018 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD).No.18375 of 2018 J.Queen Mary ... Petitioner Vs.

1. The Principal Secretary to Government, School Education Department, Secretariat, Chennai-600 009.

2. The Director of School Education, Directorate of School Education, DPI Complex, Chennai-600 006.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent I.e., the Principal Secretary to Government, School Education Department, Chennai to pass appropriate orders on the petitioner's representation dated 13.06.2018 regarding regularization of the petitioner's services in the cadre of BT Assistant with effect from 11.02.1987 on par with similarly placed persons within a specified time frame, that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mrs.S.Srimathy, Special Government Pleader.

ORDER

This Writ Petition has been filed, seeking for a direction to direct the first respondent i.e., the Principal Secretary to Government, School Education Department, Chennai, to pass appropriate orders on the petitioner's representation dated 13.06.2018 regarding regularization of the petitioner's services in the cadre of B.T. Assistant with effect from 11.02.1987 on par with similarly placed persons within a specified time frame, that may be fixed by this Court.

2.The case of the petitioner is that she is presently working as Headmistress in the Government High School, Chinnalapatti, Dindigul District. She was divested of her service on 05.04.1989 and re-appointed as Secondary Grade Teacher. Though the similarly https://hcservices.ecourts.gov.in/hcservices/

placed persons were reposted as B.T. Assistant within three or four months, the petitioner alone was singled out and was continued as Secondary Grade Teacher. Her services in the cadre of B.T. Assistant have not been regularized with effect from her original date of joining i.e., on 11.02.1987, though her services in the cadre of P.G. Assistant and Headmistress have been regularized according to her date of joining. In this regard, she made a representation dated 13.06.2018. Since the same has not been considered till date, the petitioner is before this Court with the aforesaid prayer.

3.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents, who would submit that the respondents are prepared to consider the representation of the petitioner and to pass suitable orders on the same.

4.In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the concerned respondent to consider the representation dated 13.06.2018, submitted by the petitioner and to pass appropriate orders thereon on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order, if there is no legal impediment to do so. 5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Principal Secretary to Government, School Education Department, Secretariat, Chennai-600 009.

2. The Director of School Education, Directorate of School Education, DPI Complex, Chennai-600 006.

+ 1 CC TO Mr.S.VISVALINGAM, ADVOCATE IN SR No. 81429 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 81646 MYR TE/RSK/SAR-1 : 24/09/2018 : 2P/5C W.P.(MD).No.18375 of 2018 30.08.2018 https://hcservices.ecourts.gov.in/hcservices/