A.Sudhasantha Kumari v. State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.16700 of 2019 and WMP(MD).Nos.13307 and 13308 of 2019 A. Sudhasantha Kumari ... Petitioner Vs.

1. State of Tamil Nadu, rep. by its Principal Secretary, Department of School Education, Fort. St. Geroge, Chennai -9.

2.The Director of School Education, O/o. the Director of School Education, DPI Campus, Chennai - 6.

3.The Joint Director of School Education, O/o. the Joint Director of School Education, DPI Cmpaus, Chennai - 6.

4.The Chief Educational Officer, O/o.the Chief Educational Officer, Tirunelveli, Tirunelveli District.

5.The District Educational Officer, O/o. the District Educational Officer, Tirunelveli, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent No.4 to permit the petitioner to discharge her services as B.T. Assistant (Science) at Periyar Government Higher Secondary School, Cheranmahadevi, Tirunelveli District as per G.O(1D).No.270, School Education (V.Ce.2) Department dated 10.07.2012 and consequently, forbearing the respondent 4 from deploying the petitioner to any other Higher Secondary School. For Petitioner : Mr.T. Lajapathi Roy 1/4

For Respondents : Mrs. S. Srimathy Special Government Pleader

ORDER

This Writ Petition has been filed for issuing a direction to the respondent No.4 to permit the petitioner to discharge her services as B.T. Assistant (Science) at Periyar Government Higher Secondary School, Cheranmahadevi, Tirunelveli District as per G.O (1D).No.270, School Education (V.Ce.2) Department, dated 10.07.2012 and consequently, forbearing the respondent No. 4 from deploying the him to any other Higher Secondary School.

2. Mrs. S. Srimathy, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. At the time of hearing, the learned counsel appearing for the petitioner submitted that even though a larger relief is sought for in this Writ Petition, it would suffice, if a direction is issued to the 4th respondent to consider and pass orders on the representation of the petitioner, dated 02.07.2019.

4. The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the representation of the petitioner will be considered by the 4th respondent on merits within a specified time that may be fixed by this Court.

5. Having regard to the limited scope of the prayer made by the petitioner and considering the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, directs the 4th respondent to consider the representation of the petitioner, dated 02.07.2019 and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, in any event not later than twelve weeks from the date of receipt of a copy this order.

6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) 2/4

To Principal Secretary, Department of School Education, Fort. St. Geroge, Chennai -9.

2.The Director of School Education, O/o. the Director of School Education, DPI Campus, Chennai - 6.

3.The Joint Director of School Education, O/o. the Joint Director of School Education, DPI Cmpaus, Chennai - 6.

4.The Chief Educational Officer, O/o.the Chief Educational Officer, Tirunelveli, Tirunelveli District.

5.The District Educational Officer, O/o. the District Educational Officer, Tirunelveli, Tirunelveli District.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-78397[F] dated 30/07/2019 ) +1 CC to M/s.SPL GP ( SR-78721[F] dated 30/07/2019 ) W.P(MD)No.16700 of 2019 and WMP(MD).Nos.13307 and 13308 of 2019 KK/SAR/08.08.2019/3P-8C/ 3/4