A.Nirmala Rani, No.38, Roman v. The District Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Nirmala Rani ... Petitioner Vs.

1.The District Elementary Educational Officer, Dindigul District, Dindigul.

2.The Additional Assistant Elementary Educational Officer, Dindigul Rural, Dindigul District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to fix the seniority of the petitioner w.e.f. 14.08.2008 in the post of Elementary School Headmaster over and above her juniors based on the order passed by this Court in W.P. (MD)No.125 of 2009, dated 30.03.2010 and on the basis of the representations of the petitioner dated 07.11.2015, 29.03.2016 & 13.07.2016 and grant the petitioner revision of pay and arrears and all other attendant benefits within a time frame fixed by this Court.

For Petitioner : Mr.B.Saravanan For Respondents : Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader

O R D E R

This writ petition is filed to direct the respondents to fix the seniority of the petitioner with effect from 14.08.2008 in the post of Elementary School Headmaster over and above her juniors, based on the order passed by this Court in W.P.(MD)No.125 of 2009, dated 30.03.2010 and on the basis of the representations of the petitioner dated 07.11.2015, 29.03.2016 & 13.07.2016 and grant the petitioner revision of pay and arrears and all other attendant benefits within a time frame fixed by this Court. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

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3.The learned counsel appearing for the petitioner submitted that the petitioner has given representations to the second respondent seeking to fix the petitioner's seniority in the post of Elementary School Headmaster with effect from 14.08.2008 in terms of the order passed by this Court in W.P(MD)No.125 of 2009, dated 30.03.2010 and revise this pay and further make payment of arrears of pay. So far no action has been taken. 4.Further, the learned counsel appearing for the petitioner submitted that it would suffice, if the second respondent is directed to consider the petitioner's representation dated 13.07.2016, on merits and in accordance with law, within a specified period.

5.Though the first respondent has filed a counter affidavit, he has not stated anything about the disposal of the petitioner's representation.

6.Considering the facts and circumstances of the case, this Court, without expressing any opinion on the merits of the matter, directs the second respondent to consider the petitioner's representation dated 13.07.2016 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. 7.With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns To 1.The District Elementary Educational Officer, Dindigul District, Dindigul.

2.The Additional Assistant Elementary Educational Officer, Dindigul Rural, Dindigul District.

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+1 CC to SPL GP ( SR-7521[F] dated 26/02/2021 ) +1 CC to MR.B.SARAVANAN, Advocate ( SR-7619[F] dated 26/02/2021 ) 25.02.2021 KM (16.03.2021) 3P 5C 3/3