Motcha Rani.T v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.[MD]No.19258 of 2020 T.Motcha Rani ... Petitioner Vs.

1. The Principal Secretary, School Education Department, St.George Fort, Chennai.

2. The Director, Directorate of School Education, St.George Fort, Chennai.

3. The District Educational Officer, District Education Office, Pattukkottai, Thanjavur District.

4. The Correspondent, St.Anne's Girls Higher Secondary School, Punalvasal, Thanjavur.

... Respondents PRAYER : This Writ Petition filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay the arrears of salary from 04.10.2010 based on the petitoiner's promotion and to consider and pass order on the representation of the petitioner dated 11.10.2020 within the time to be stipulated by this Court.

For Petitioner : Mr.A.V.Rajasekaran For Respondents : Mr.A.Thiagarajan Government Advocate

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Though the petitioner has sought for issuance of writ of mandamus to direct the respondents to pay the arrears of salary from 1/3

04.10.2010 based on her promotion, in my view, such a decision is to be taken by the respondents and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court.

3.The learned counsel appearing for the petitioner would submit that the petitioner has already made a representation on 11.10.2020 in this regard, which is said to be pending. If the said representation is directed to be disposed of within a stipulated time, the ends of justice could be secured.

4.The learned Government Advocate appearing for the respondents would submit that the representation of the petitioner will be disposed of on merits and in accordance within a time frame as fixed by this Court.

5.In view of the submissions made by the learned counsel appearing on either side, this Court directs the third respondent to consider the petitioner's representation, dated 11.10.2020, on its own merits and pass appropriate orders 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 view with regard to the claim made by the petitioner in her representation and it is for the third respondent to consider it in accordance with law.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:-

1. The Principal Secretary, School Education Department, St.George Fort, Chennai.

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2. The Director, Directorate of School Education, St.George Fort, Chennai.

3. The District Educational Officer, District Education Office, Pattukkottai, Thanjavur District.

+1cc to the Spl GP SR.No.27245.

W.P.[MD]No.19258 of 2020 23.12.2020 PK(CO) CS(08.01.2021) 3P 5C 3/3