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Madras High CourtWP(MD)/3608/2018disposed of

N.Prema, Vocational Instructor v. The State Of Tamilnadu,

2019-12-02Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.3608 of 2018 and WMP(MD) No. 3739 of 2018 N.Prema Petitioner Vs 1.The State of Tamil Nadu Represented by its Secretary Department of School Education Fort St.George Chennai - 600 009 2.The Director of School Education College Road Chennai - 600 006 3.The Joint Director of School Education (Vocational) College Road Chennai - 600 006 4.The Chief Educational Officer Madurai, Madurai District.

5.The District Educational Officer Madurai, Madurai District 6.The Headmaster Velliveethiyar Corporation Girls Higher Secondary School Ponnagaram - 625016 Madurai District Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to regularize the service of the petitioner as Vocational Instructor in the sixth respondent school namely, Velliveethiyar Corporation Girls Higher Secondary School, Ponnagaram on par with the regularization of similarly placed candidates in light of G.O.Ms.No.35, School Education (V.I) Department dated 09.02.2007 with salary and all attendant benefits and pass such other suitable orders. 1/3

For Petitioner : M/s.K.Ragatheesh Kumar for M/s. Issac Chambers For Respondents : Ms.S.Srimathy Special Government Pleader

O R D E R

This Writ Petition is filed to direct the respondents to regularize the service of the petitioner as Vocational Instructor in the sixth respondent school namely, Velliveethiyar Corporation Girls Higher Secondary School, Ponnagaram on par with the regularization of similarly placed candidates in light of G.O.Ms.No.35, School Education (V.I) Department dated 09.02.2007 with salary and all attendant benefits, within a stipulated time fixed by this Court.

2. Ms.S.Srimathy, learned Special Government Pleader takes notice for the respondents

3. According to the petitioner, she possess M.A., B.Ed., Teacher Training Certification for Typewriting (Higher in both Tamil & English) and certificate course in Computer Application and she is presently working as Vocational Instructor in the 6th respondent School. In the year 2007, the Government decided to absorb the fully qualified Vocational Instructors in the regular time scale of pay vide G.O.Ms.No.35, School Education (V.I) Department dated 09.02.2007, in the scale of pay of Rs.4500-125-6000. Though the petitioner is eligible to be absorbed as Vocational Instructor, as per the above Government order, her name was left out in the list. Whereas the name of one P. Ravisangar, who was appointed along with the petitioner was found place in the list. Moreover, even after the petitioner has submitted her representations to the respondents on 11.04.2017 and on 15.06.2017, no effective steps have been taken by the respondents. Hence, the petitioner has come up with the present Writ Petition.

4. At this juncture, this Court wants to mention here that whenever the representation of this nature is made to the Statutory authority for redressing the claim of the petitioner, there shall be a duty cast upon the concerned 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. Such an inaction would amount to dereliction of duty and thereby this Court would be justified in invoking its extraordinary power under Article 226 of the Constitution of India and to direct the concerned authorities to consider the representation, within the stipulated time.

5. Moreover, considering the nature of relief sought for in the Writ Petition, this Court directs the respondents to consider the representation of the petitioner dated 15.06.2017, on merits and pass appropriate orders, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 2/3

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

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The State of Tamil Nadu Represented by its Secretary Department of School Education Fort St.George Chennai - 600 009 2.The Director of School Education College Road Chennai - 600 006 3.The Joint Director of School Education (Vocational) College Road Chennai - 600 006 4.The Chief Educational Officer Madurai, Madurai District.

5.The District Educational Officer Madurai, Madurai District.

+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-103100[F] dated 03/12/2019 ) W.P.(MD) No.3608 of 2018 and WMP(MD) No. 3739 of 2018 02.12.2019 VRN TK/18.12.2019/3P/7C/ 3/3