S.Sundari v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.16786 of 2025 S.Sundari : Petitioner Vs.
1. The Principal Secretary to Government, Government of Tamilnadu, School Education Department, Fort St.George, Chennai - 600009.
2. The Director of School Education, College Road, Chennai - 06.
3. The Joint Director of School, Education (VOC), College Road, Chennai - 06.
: Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the representation made by the petitioner dated 16.11.2024. For Petitioner : Mr. R.Saravanan For Respondents : Mr.M.Siddharthan Additional Government Pleader 1/6
O R D E R
The writ petition has been filed for the issuance of a writ of Mandamus, directing the respondents to consider the representation made by the petitioner dated 16.11.2024.
2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The petitioner asserts that she was appointed as Vocational Instructor (Computer Science) on 14.06.1996 in the Government Girls Higher Secondary School, Pattukottai, against the vacancy arise on 03.02.1996. Subsequently, the petitioner was expelled from the service on 10.09.2004. The grievance of the petitioner is that though she submitted a detailed representation dated 16.11.2024 requesting the respondents to take necessary action against the erring officials and to reinstate her into service and regularise the service by considering the Government Orders, no action has been taken on the said representation. Therefore, the petitioner has now filed the present writ petition. 2/6
4. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the second respondent to consider the proposal of the petitioner and pass appropriate orders, within a time frame that may be stipulated by this court.
5. It is needless to point out that whenever a representation/proposal of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
6. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's proposal dated 16.11.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as 3/6
well as all other persons, who may be interested in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 23.06.2025 Index : Yes / No Internet : Yes / No PKN 4/6
To
1. The Principal Secretary to Government, Government of Tamilnadu, School Education Department, Fort St.George, Chennai - 600009.
2. The Director of School Education, College Road, Chennai - 06.
3. The Joint Director of School, Education (VOC), College Road, Chennai - 06.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.16786 of 2025 23.06.2025 6/6