Lakshmi. S v. The Government Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.17487 of 2022 1.S.Lakshmi 2.S.Radhika 3.R.Govindammal 4.S.Shereen Meera ... Petitioners /Vs./ 1.The Government of India, rep., by its Secretary to Government, Ministry of Human Resource Development, No.302-C, Shastri Bhawan, New Delhi.
2.The State of Tamil Nadu, rep., by its Principal Secretary, Department of School Education, Fort St.George, Chenni-09.
3.The Director of School Education, Directorate of School Education, 4.The Joint Director of School Education, (Personnel), Directorate of School Education, 1/6
5.The Additional Project Director II (Samagra Shiksha), Rashtriya Madhamik Shiksha Abhiyan (RMSA), DPI Compound, College Road, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 to consider the petitioners for regularization in the post of B.T.Assistant (Inclusive Education for the Disabled at Secondary Stage) for RMSA (Rashtriya Madhyamik Shiksha Abhiyan) under the administrative structure of Samagra Shiksha in the posts sanctioned as per G.O.Ms.No.28, School Education Department, dated 30.01.2015 within the time stipulated by this Court. For Petitioners : Mr.S.Louis For Respondents : Mr.Narayan Ram Central Government Standing Counsel (for R1) Mr.V.Nirmal Kumar Government Advocate (For R2 to R5)
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
2.The petitioners herein had given a representation to the respondents on 12.03.2022 seeking to consider them for regularization in the post of 2/6
B.T.Assistant (Inclusive Education for the Disabled at Secondary Stage) for RMSA (Rashtriya Madhyamik Shiksha Abhiyan) under the administrative structure of Samagra Shiksha in the posts sanctioned as per G.O.Ms.No.28, School Education Department, dated 30.01.2015. Since the said representations were not considered, the present writ petition has been filed. 3.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents 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, nonconsideration 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 Constitution of India and direct them to consider the same within a stipulated time. 4.In the light of the above observations, there shall be a direction to the third respondent herein to consider the petitioners' representation dated 12.03.
within a period of eight(8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioners and that it is open to the concerned respondent to consider the same on its own merits. 5.With the above direction, the Writ Petition stands disposed of. No costs. 04.08.2022 Index : Yes / No Internet : Yes / No Rmk To 1.The Secretary to Government, Government of India, Ministry of Human Resource Development, No.302-C, Shastri Bhawan, New Delhi.
2.The Principal Secretary, State of Tamil Nadu, Department of School Education, Fort St.George, Chenni-09.
3.The Director of School Education, Directorate of School Education, 4/6
4.The Joint Director of School Education, (Personnel), Directorate of School Education, 5.The Additional Project Director II (Samagra Shiksha), Rashtriya Madhamik Shiksha Abhiyan (RMSA), DPI Compound, College Road, 5/6
M.S.RAMESH, J.
Rmk Order made in W.P.(MD) No.17487 of 2022 04.08.2022 6/6