Madras High CourtWP(MD)/5022/2018disposed of

V.Gayathri, v. The Joint Director,

2021-11-10Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2021

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No. 5022 of 2018 V. Gayathri Graduate Teacher Government Kallar Reclamation Middle School Karuvelnayakkanpatty Theni- 625 531 .. Petitioner Vs.

1. The Joint Director Kallar Reclamatiion Schools, Collectorate Building, Madurai - 625 020.

2. The Head Mistress Government Kallar Reclamation Higher Secondary School, Muthanampatty, Theni -625 512.

3. The Head Mistress, Government Kallar Reclamation Middle School, Karuvelnayakkanpatty Theni - 625 531. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus directing the first respondent to declare that the petitioner completed probation as satisfactorily in the post of Graduate Teacher on 30.11.2016 afternoon as per section 32(2) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and direct the first respondent to grant 2nd and subsequent annual increments as per section 30 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and to regulate the petitioner's Medical Leave availed from the date 06.02.2017 to 05.03.2017 and from the date 07.03.2017 to 04.04.2017 as per rule 15 of Tamil Nadu Leave Rules, 1933 and pass orders. For Petitioner : Mr. M. Gnanagurunathan For Respondents : Mr. K.S. Selvaganesan Counsel for State Page No.1 of 3

ORDER

Heard Mr. M. Gnanagurunathan, learned counsel for the petitioner and Mr.K.S.Selvaganesan, learned Standing Counsel for the State.

2. The petitioner has ridden two horses in regard to claim of declaration of her probation as satisfactory in the post of Graduate Teacher as per Section 32(2) of the Tamil Nadu Government Servants (Conditions of Service), in sofar as simultaneous with the filing of this writ petition, she has sought the same relief by way of representation dated 24.02.2018.

3. Thus, it would be more appropriate that a direction be issued to R1, being the Joint Director of the Kallar Reclamation Schools, to dispose representation dated 24.02.2018, after hearing the petitioner by way of a speaking order, on merits and in accordance with law within a period of four weeks from date of uploading of this order on the official website of this court. The prayer advanced in regard to the annual increment and regularisation of her medical leave will also be considered by R1, if such request is made before R1 in the course of the disposal of the representation. This writ petition stands disposed as above. No costs.

Sd/- Assistant Registrar (Crl) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr 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 Joint Director Kallar Reclamatiion Schools, Collectorate Building, Madurai - 625 020.

Page No.2 of 3

2. The Head Mistress Government Kallar Reclamation Higher Secondary School, Muthanampatty, Theni -625 512.

3. The Head Mistress, Government Kallar Reclamation Middle School, Karuvelnayakkanpatty Theni - 625 531.

+1 CC to M/s.SPL.GP ( SR-34070[F] dated 11/11/2021 ) +1 CC to M/s.M. GNANAGURUNATHAN, Advocate ( SR-34009[F] dated 10/11/2021 ) W.P.(MD)No. 5022 of 2018 10.11.2021 RK/PM(24/11/2021) 3P 6C Page No.3 of 3