A.Gomathi v. The District Education Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2016 CORAM :
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20720 of 2016 A.Gomathi ... Petitioner vs.
1)The District Education Officer, District Education Office, Tuticorin.
2)The Assistant District Education Officer, District Education Office, Tuticorin.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to regularise the petitioner's service in the light of the correspondent's appointment order dated 12.09.2011 and by considering the petitioner's representation dated 15.09.2016 within the period that may be stipulated by this Hon'ble Court. For Petitioner : Mr.V.Balasubramani For Respondents : Mr.V.R.Shanmuganathan Special Government Pleader
ORDER
The petitioner was working as a temporary Teacher from 2008 to 2011 in Sri Ramakrishna Higher Secondary School, Tisaiyanvilai; on 29.07.2011, the 1st respondent passed an order to fill up the vacancies in Sri Ramakrishna Chidambreswarar Higher Secondary School, Udangudi; two vacancies arose in the said school; the 1st respondent passed an order to fill up those vacancies as per the service rules; based on the order of the 1st respondent, the petitioner was appointed as a Teacher on 12.09.2011 by the Secretary and Correspondent of Sri Ramakrishna Chidambreswarar Higher Secondary School, Udangudi; it is the grievance of the petitioner that from the date of appointment namely, 12.09.2011, he was not paid salary; though the school issued the appointment order dated 12.09.2011, the same has not been approved by the 2nd respondent/Assistant District Educational Officer, Tuticorin; hence, the petitioner made a representation dated 15.09.2016 to the 2nd respondent, requesting him to issue order of regularisation in the https://hcservices.ecourts.gov.in/hcservices/
light of his appointment order dated 12.09.2011 and to pay consequential monetary benefits; that representation has not been considered and therefore, the petitioner has filed this Writ of Mandamus, directing the respondents to regularise his services in the light of the appointment order dated 12.09.2011 issued by the school and by considering his representation dated 15.09.2016 within the period that may be stipulated by this Court. 2.The learned Special Government Pleader appearing for the respondents submitted that it is agreeable for the 1st respondent to consider the representation of the petitioner dated 15.09.2016 and to pass orders.
3.Recording the above submission, this Writ Petition is disposed of directing the 1st respondent to consider the representation of the petitioner dated 15.09.2016, seeking regularisation of his services, in the light of the appointment order dated 12.09.2011 issued by the school and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1)The District Education Officer, District Education Office, Tuticorin.
2)The Assistant District Education Officer, District Education Office, Tuticorin.
+ 1 CC TO Mr.V.BALASUBRAMANIAN, ADVOCATE IN SR No. 64053 NBI TE/KM : 09/11/2016 : 2P/4C W.P(MD)No.20720 of 2016 26.10.2016 https://hcservices.ecourts.gov.in/hcservices/