Madras High CourtWP(MD)/14156/2013disposed of

J. Jeya Sukanthi v. The District Educational

2016-12-14Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.14156 of 2013 J.Jeya Sukanthi ... Petitioner Vs.

1.The District Educational Officer, Srivilliputtur Town, Virudhunagar District.

2.The Secretary, Sri Rao Bahadoor A.K.D.Dharmaraja Girls Higher Secondary School, Rajapalayam Town, Virudhunagar District.

... Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent herein to approve the appointment of the petitioner as P.G. Assistant (Tamil) in the 2nd respondent school for the period from 05.08.1997 to 22.08.2003 and pay all the service benefits to the petitioner based on her representation dated 03.08.2013.

For Petitioner :Mr.P.Saravanan For 1st Respondent :Mr.Muthu Kannan Government Advocate For 2nd Respondent :Mr.A.Sivaji

O R D E R

The prayer in the writ petition is for a Writ of Mandamus, directing the 1st respondent herein to approve the appointment of the petitioner as P.G. Assistant (Tamil) in the 2nd respondent school for the period from 05.08.1997 to 22.08.2003 and pay all the service benefits to the petitioner based on her representation dated 03.08.2013.

2.Heard both sides.

3.Though the writ petition has been filed with the above said prayer, the learned counsel appearing for the petitioner would submit that the petitioner would be satisfied if this Court gives a direction to the first respondent to take up the representation of the petitioner dated 22.08.2003, and decide the same within a time frame stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel appearing for the respondent also contends that though there are several issues pending regarding

the status of the second respondent School as to whether it is a minority school or not, unmindful of the same, the representation of the petitioner dated 22.08.2003 can be considered and decided by the first respondent independently.

5.In view of the said submissions, this Writ Petition is disposed of with a direction to the petitioner to submit a copy of the said representation dated 22.08.2003 to the first respondent within a period of one week from the date of receipt of a copy of this order and the first respondent is directed to decide the same on merits and in accordance with law and pass orders within 8 weeks from the date of receipt of the copy of the representation dated 22.08.2003. No costs.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The District Educational Officer, Srivilliputtur Town, Virudhunagar District.

+1cc to Mr.P.Saravanan,Advocate Sr.No.81067 +1cc to Mr.A.Sivaji,Advocate Sr.No.81012 W.P.(MD)No.14156 of 2013 14.12.2016 sj rum-pv/23.12.2016/2p/4c https://hcservices.ecourts.gov.in/hcservices/