Madras High CourtWP(MD)/20073/2018disposed of

V.Suba, v. The State Of Tamil Nadu

2019-02-25Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.20073 of 2018 V.Suba ... Petitioner Vs.

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

2.The Commissioner and Director, Most Backward and De-notified Communities Welfare, Chennai - 5.

3.The Director of School Education, College Road, Chennai - 06.

4.The Joint Director, Kallar Reclamation, Madurai, Madurai - 20.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to implement G.O(ID) No.86, School Education Department dated 02.03.2011 by way of passing necessary order towards transferring the petitioner so as to serve as a P.G.Assistant Teacher under School Education Department on the strength of the petitioner's representation dated 14.08.2018. For Petitioner : Mr.R.Anand For Respondents : Mrs.S.Srimathy, Special Government Pleader

ORDER

This writ petition has been filed, seeking to direct the respondents to implement G.O(ID) No.86, School Education Department dated 02.03.2011, by considering the petitioner's representation dated 14.08.2018.

2.The petitioner made a representation dated 14.08.2018, inviting the attention of respondents with regard to GO(ID)No.86, School Education Department dated 02.03.2011 and since no order has been passed on the petitioner's representation, she is before this Court.

3.The learned Counsel appearing for the petitioner submitted

that the issue is covered by a decision rendered in WP No.16338 of 20114 dated 30.01.2014, wherein this Court directed the authorities to implement GO (ID) No.86, so as to consider the claim of the petitioner thereon and pass appropriate orders. 4.The relevant portion of the above said decision reads as follows:

"5.In view of all the above, the writ petition is allowed with a direction to the respondents to implement GO(ID) No.86, School Education Department dated 02.03.2011, to the petitioner herein, also provided, he satisfies all the other legal requirements, within a period of twelve weeks from the date of receipt of a copy of this order. No costs."

5.According to the learned Counsel for the petitioner, the aforementioned order has not been challenged by the authorities, but has been given effect.

6.In such view of the matter, the respondents are directed to consider the case of the petitioner, on merits and in accordance with law and also in the light of the decision of this Court in WP No.16338 of 20114 dated 30.01.2014 and pass appropriate orders. Such an exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar dsk To 1.The Secretary to Government, Education Department, Saint Fort George, Chennai - 600 009.

2.The Commissioner and Director, Most Backward and De-notified Communities Welfare, Chennai - 5.

3.The Director of School Education, College Road, Chennai - 06.

4.The Joint Director, Kallar Reclamation, Madurai, Madurai - 20.

1 CC to M/s.R.ANAND, Advocate ( SR-49572[F] dated 25/02/2019 ) +1 CC to M/s.SPL GP ( SR-50271[F] dated 27/02/2019 ) WP(MD)No.20073 of 2018 25.02.2019 DS/ /SAR- (15.03.2019) 3P 7C