Madras High CourtWP(MD)/27275/2019disposed of

N.Dhanalakshmi v. The Director Of Elementary Education

2020-01-02Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.27275 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.27275 of 2019 N.Dhanalakshmi ... Petitioner Vs.

1.The Director of Elementary Education, DPI campus, College Road, Chennai-6.

2.The Joint Director of Elementary Education (Aided School), DPI Campus, College Road, Chennai-6.

3.The Chief Educational Officer, O/o., The Chief Educational Officer, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the third respondent to dispose of the appeal petition preferred by the petitioner dated 24.07.2019 as per proceedings in O.Mu.No.014650/G3/2018 dated 28.08.2019 issued by the second respondent within the time period stipulated by this Court. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.M.Karuppasamy Government Advocate

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The limited prayer sought for in the present writ petition is for a direction to the third respondent to dispose of the appeal filed by the petitioner, dated 24.07.2019 as per proceedings in O.Mu.No.014650/G3/2018 dated 28.08.2019 issued by the second respondent.

3. Whenever an appeal is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondents to consider the same on its own merit and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.27275 of 2019 thereby direct such authority to consider the representation/petition within the stipulated time. 4.In view of the above observations, there shall be a direction to the third respondent to dispose of the appeal filed by the petitioner, dated 24.07.2019 as expeditiously as possible, in any event, within a period of three months from the date of receipt of a copy of this order.

5.Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To 1.The Director of Elementary Education, DPI campus, College Road, Chennai-6.

2.The Joint Director of Elementary Education (Aided School), DPI Campus, College Road, Chennai-6.

3.The Chief Educational Officer, O/o., The Chief Educational Officer, Sivagangai District.

+1 CC to SPL.GP ( SR-101[F] dated 03/01/2020 ) +1 CC to Mr.T.LAJAPATHIROY, Advocate ( SR-165[F] dated 03/01/2020 ) W.P.(MD) No.27275 of 2019 02.01.2020 VB(28.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2