V.Vijayalakshmi v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.3963 of 2018 V.Vijayalakshmi ... Petitioner /vs./ 1.The State of Tamil Nadu, represented by its Secretary, School Education Department, Secretariat, Chennai - 600 009.
2.The Director of Elementary Education, O/o. The Director of Elementary Education, D.P.I., Complex, Chennai - 600 006.
3.The District Elementary Educational Officer, O/o. the District Elementary Educational Office, Collectorate Campus, Karur -7, Karur District.
4.The Assistant Elementary Educational Officer, O/o. the Assistant Elementary Educational Office, Aasath Road, Municipal Building, Karur-1, Karur Distrct.
5.The Head Master, Raja Aided Middle School, Vedichipalayam Post, Puliyur, Karur District.
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6.The Secretary, Raja Aided Middle School, Vedichipalayam Post, Puliyur, Karur District.
7.M.Jawahar, The Secretary, Raja Aided Middle School, Vedichipalayam Post, Puliyur, Karur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to disburse the benefits arising out of the G.O.Ms.No.303 Finance [Pay Cell] Department dated 11.10.2017 as was granted in respect of other teachers working in the 6th respondent school and by considering petitioner's representation dated 29.01.2018 within a period that may be stipulated by this Court. For Petitioner : Mr.Mohamed Suhail for Ajmal Associates For R1 to R4 : Mr.V.Nirmal Kumar Government Advocate For R7 : Mr.G.Sankaran For R5 and R6 : No appearance
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
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2.The petitioner herein had given a representation to the respondents on 29.01.2018 seeking direction to the Respondents to disburse the benefits arising out of the G.O.Ms.No.303 Finance [Pay Cell] Department dated 11.10.2017 as was granted in respect of other teachers working in the 6th respondent school. Since the said representation was 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 and seventh respondents herein to consider the petitioner's representation 3/6
dated 29.01.2018 on its own merits and pass appropriate orders in accordance with law, within a period of six (6) 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 petitioner 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. 18.07.2022 Index : Yes / No Internet : Yes / No pnn 4/6
To 1.The Secretary, State of Tamil Nadu, School Education Department, Secretariat, Chennai - 600 009.
2.The Director of Elementary Education, O/o. The Director of Elementary Education, D.P.I., Complex, Chennai - 600 006.
3.The District Elementary Educational Officer, O/o. the District Elementary Educational Office, Collectorate Campus, Karur -7, Karur District.
4.The Assistant Elementary Educational Officer, O/o. the Assistant Elementary Educational Office, Aasath Road, Municipal Building, Karur-1, Karur Distrct.
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M.S.RAMESH, J.
pnn Order made in W.P.(MD) No.3963 of 2018 18.07.2022 6/6