G.Jebakani Ebenezar v. The Director Of Elementary Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA G.Jebakani Enenezar ... Petitioner vs.

1.The Director of Elementary Education, Chennai.

2.The District Education Officer, Alanganallur, Madurai District.

3.The District Elementary Education Officer, Madurai.

4.The Assistant Director of Audit, Pankajam Colony Fourth Cross Street, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of petitioner dated 14.05.2024 and overrule the audit objections and grant the retirement benefits of the petitioner within a time frame that may be fixed by this Court. For Petitioner :

Mr.J.Barathan For Respondents :

Mr.T.Amjadkhan Government Advocate 1/5

O R D E R

The petitioner who retired as a special grade Headmistress of Elementary School had given a representation to the respondents on 14.05.2024 to overrule the audit objections and grant her retirement benefits within a stipulated time. Since the representation has not been considered so far, the present petition has been filed.

2. It is needless to point out that whenever a representation of this nature is made to a Government Authority, there is a duty cast upon them to consider the same on their own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. The failure on the part of the Authority had prompted the petitioner to file this petition seeking relief through issuance of writ of mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame. 2/5

3. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 14.05.2024 on their own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on their own merits.

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

24.07.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 3/5

To 1.The Director of Elementary Education, Chennai.

2.The District Education Officer, Alanganallur, Madurai District.

3.The District Elementary Education Officer, Madurai.

4.The Assistant Director of Audit, Pankajam Colony Fourth Cross Street, Madurai.

4/5

R.N.MANJULA, J.

mbi 24.07.2024 5/5