Madras High CourtWP(MD)/16569/2019disposed of

B.Sheela v. The Block Educational Officer

2019-08-09Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2019

CORAM

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P.(MD).No.16569 of 2019 B. Sheela .. Petitioner Vs.

1.The Block Educational Officer, Tirupattur, Sivagangagi District.

2.The Correspondent, 3.The Headmaster, ..Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 and 3 herein to forward petitioner's maternity leave application to the first respondent herein to sanction maternity leave commencing from 23.07.2019 to 17.04.2020 of petitioner by considering the representation, dated 17.07.2019 of the petitioner herein on merits and in accordance with and in accordance with G.O.Ms.No.105, Personal and Administrative Reforms (FR-III) Department, dated 07.11.2016 and G.O.Ms.No.77 Personal and Administrative Reforms (FRIII) Department, dated 20.06.2018. For Petitioner : Mr. T. Ponramkumar For R1 : Mrs. S. Srimathy Special Government Pleader For R2 & R3 : Mr.S. Karthigai Balan

O R D E R

This Writ Petition has been filed for issuing a direction to the respondents 2 and 3 herein to forward petitioner's maternity leave application to the first respondent herein to sanction maternity leave commencing from 23.07.2019 to 17.04.2020, by considering her representation, dated 17.07.2019 on merits and in accordance with G.O.Ms.No.105, Personal and Administrative Reforms 1/6

(FR-II) Department, dated 07.11.2016 and G.O.Ms.No.77 Personal and Administrative Reforms (FR-III) Department, dated 20.06.2018.

2. Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents would submit that the application submitted by the petitioner has been returned to her to rectify some defects and the same has been resubmitted by the petitioner before the respondents 2 and 3. She would further submit that after scrutinizing the said application, the same shall be forwarded to the first respondent for passing appropriate orders, in accordance with G.O.Ms.No.105, Personal and Administrative Reforms (FR-II) Department, dated 07.11.2016 and G.O.Ms.No.77 Personal and Administrative Reforms (FR-III) Department, dated 20.06.2018.

3. Considering the said submission made by the learned Special Government Pleader appearing for the respondents, this Court is inclined to dispose of the Writ Petition with the following directions :

(i) The respondents 2 and 3 are directed to submit the proposal to the first respondent, if it is in order, within a period of one week from the date of receipt of a copy of this order. (ii) On receipt of the said proposal, the first respondent shall consider the representation of the petitioner, dated 17.07.2019 and pass appropriate orders, as expeditiously as possible, in any event, not later than, four weeks thereafter.

4. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) trp To 1.The Block Educational Officer, Tirupattur, Sivagangagi District.

2.The Correspondent, 2/6

3.The Headmaster, +1 CC to M/s.T.PON RAMKUMAR, Advocate ( SR-13375[I] dated 09/08/2019 ) +1 CC to M/s.S. KARTHICKEI BALAN, Advocate ( SR-81418[F] dated 13/08/2019 ) W.P.(MD).No.16569 of 2019 09.08.2019 KK/SAR/28.08.2019/3P-6C/ 3/6