Mahalakshmi v. The Secretary To Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2024
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE Mahalakshmi : Petitioner in W.P.(MD)No.20179/2021 Anthoniammal : Petitioner in W.P.(MD)No.20180/2021 Devi : Petitioner in W.P.(MD)No.20181/2021 Vs.
1.The Secretary to Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai.
2.The Director of Elementary Education, College Road, Chennai.
3.The District Educational Officer, Kumbakonam, Thanjavur.
4.The District Elementary Educational Officer, Thanjavur.
: Respondents in all Writ Petitions 1/6
COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, thereby directing the respondents to relax the period between 17.07.2004 and 17.06.2012 and grant arrears, revised salary and other monetary benefits for the period between 17.07.2004 and 17.06.2012 and to include the petitioner under the Teacher Provident Fund Scheme. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.T.Amjad Khan Government Advocate [In all Writ Petitions] COMMON ORDER ********************* These Writ Petitions have been filed by the respective petitioners seeking relaxation and for grant of arrears, revised salary and other monetary benefits for the relaxed period. 2.The petitioners were working as Teachers at Shri Krishna Aided Primary School, when a fire accident took place on 16.07.
2004, which lead to the death of 94 children.
accident. The respective petitioners claim that they became jobless due to the same. However, pursuant to an order passed by this Court on 06.06.2011, in W.P.Nos.3981 to 3983 of 2007, the respondents were directed to re-deploy and appoint the petitioners in other institutions, depending upon the availability of vacancies within a period of four [4] weeks from the date of receipt of a copy of the said order and pay the salary to them from the said date. 3.Thereafter, the petitioners were appointed in other institutions by the respondents pursuant to the directions given by this Court on 06.06.2011 in W.P.Nos.3981 to 3983 of 2007. The petitioners who were jobless for the period from the date of the fire accident ie., on 16.07.2004 till the date of the reinstatement in other institutions seek relaxation for the said period and they seek for grant of arrears of salary, revised salary and other monetary benefits. They had also given a representation to the respondents for the said purpose.
4.It is now represented by the learned Government Advocate appearing for the respondents on instructions that the recommendation of the third respondent with regard to the representation of the petitioners seeking for relaxation as stated supra is under consideration by the second respondent. No prejudice 3/6
will be caused to the respondents if the representation of the petitioners which has been forwarded by the third respondent to the second respondent is considered on merits and in accordance with law within a time frame to be fixed by this Court. 5.For the foregoing reasons, this Court directs the second and third respondents to pass final orders on the representations of the respective petitioners seeking for relaxation of the period when they were jobless due to the fire accident at Shri Krishna Auided Primary School on 16.07.2004, in which they were working at that point of time till the date of the reinstatement within a period of twelve [12] weeks from the date of receipt of a copy of this order. 6.With the aforesaid directions, these Writ Petitions stand disposed of. There shall be no order as to costs. 09.08.2024 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6
To 1.The Secretary to Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai.
2.The Director of Elementary Education, College Road, Chennai.
3.The District Education Officer, Kumbakonam, Thanjavur.
4.The District Elementary Education Officer, Thanjavur.
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ABDUL QUDDHOSE , J.
MR 09.08.2024 6/6