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Madras High CourtWP(MD)/16225/2016disposed of

Miss.D.Rosali v. The Director Of School

2021-03-23Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).Nos.11873 and 11874 of 2016 Miss.D.Rosali ... Petitioner Vs.

1.The Director of School Education, DPI Campus, College Road, Chennai 6.

2.The Director of Elementary Education, DPI Campus, College Road, Chennai 6.

3.The District Elementary Educational Officer, Vadipatti Range, Madurai District.

4. The Assistant Elementary Educational Officer, Vadipatti Range, Madurai District.

5.The Correspondent, R.C.Middle School, Rayapuram Post, Sholavandan Via, Madurai 624 234.

6.The General Manager, Schools of the Congregation of Immaculate Conception, Old Kosavapalayam, Madurai 625 009.

7.M.Panimatha ... Respondents 1/3

Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 23.05.2015 passed by the School Management, the 6th respondent herein, quash the same as illegal and forbear the respondents from in any manner disturbing the petitioner from continuing as Headmistress in R.C.Middle School, Rayapuram, Madurai District.

For Petitioner : Mr.C.Lakshmanan for M/s. V.Muthu Kamatchi For R1 to R4 : Mrs.S.Srimathy, Special Government Pleader

O R D E R

This writ petition has been filed challenging the impugned order passed by the School Management, the 6th respondent herein, dated 23.05.2015 and to quash the same and to forbear the respondents from in any manner disturbing the petitioner from continuing as Headmistress in R.C.Middle School, Rayapuram, Madurai District.

2.The learned counsel appearing for the petitioner would submit that in this writ petition, the petitioner has challenged the impugned order of transfer passed by the second respondent, dated 23.05.2015. During the pendency of the writ petition, the petitioner was removed from service in the year 2016. However, till the date of dismissal, the petitioner's salary was not paid, for which, she has made a representation to the sixth respondent, on 06.06.2015. But, till date the same was not considered. Therefore, this Court may issue a direction to the sixth respondent to dispose of the representation of the petitioner, dated 06.06.2015, on merits and in accordance with law, within a specified period.

3.The learned Special Government Pleader appearing for the respondents 1 to 4 has no serious objection for such an order being passed by this Court.

4.Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the sixth respondent to consider the petitioner's representation, dated 24.07.2017, for payment of salary and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) akv TO, 1.The Director of School Education, DPI Campus, College Road, Chennai 6.

2.The Director of Elementary Education, DPI Campus, College Road, Chennai 6.

3.The District Elementary Educational Officer, Vadipatti Range, Madurai District.

4. The Assistant Elementary Educational Officer, Vadipatti Range, Madurai District.

+1 CC to M/s.SPL GP ( SR-13350[F] dated 24/03/2021 ) 23.03.2021 GS (03.05.2021) 3P 6C 3/3