Madras High Court
J.Swarna vs The State Of Tamil Nadu on 22 August, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.24000 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.24000 of 2024
J.Swarna .. Petitioner
Vs.
1.The State of Tamil Nadu,
Rep by its Principal Secretary,
Department of School Education,
Fort St. George, Chennai – 600 009.
2.The Commissioner of School Education,
College Road, Chennai – 600 006.
3.The Chief Educational Officer,
Presidency Girls Hr.Sec.School,
Spurtank Road, Egmore,
Chennai – 600 008.
4.The District Educational Officer (East),
Naddukuppam, Triplicane,
Chennai – 600 005.
5.YMCA Boys Town High School,
Rep. by its Correspondent,
P.Asir Pandian,
Fort St. George,
Chenai – 600 009. .. Respondents
https://www.mhc.tn.gov.in/judis
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W.P.No.24000 of 2024
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents to
dispose of the petitioner's representation dated 31.05.2024 and thereby
direct the respondents 1 to 3 to pay petitioner's arrears of salary, terminal
benefits, TPF, DCRG, gratuity along with interest within a date fixed by
this Court.
For petitioner : Mr.A.R.Nixon
For RR 1 to 4 : Mrs.S.Mythreye Chandru
Special Government Pleader
ORDER
This writ petition has been filed for a direction to the respondents to dispose of the representation made by the petitioner on 31.05.2024 wherein the petitioner has sought for the arrears of salary, terminal benefits, etc,.
2.When the matter was taken up for hearing, the learned Special Government Pleader appearing on behalf of respondents 1 to 4 submitted that the petitioner was already terminated from service and the concerned authority namely the District Educational Officer (DEO) has also accorded approval for such termination. https://www.mhc.tn.gov.in/judis 2/5 W.P.No.24000 of 2024
3.The learned counsel for the petitioner submitted that till date nothing has been communicated to the petitioner and therefore, the petitioner is not in a position to challenge the so called termination order passed against the petitioner.
4.In the considered view of this Court, the relief sought for by the petitioner cannot be granted by this Court. If the termination of the petitioner has already taken place and it has been approved by the concerned authorities, all the relevant materials shall be served on the petitioner by the respondents 4 & 5 within a period of one week from today. On receipt of the same, liberty is granted to the petitioner to challenge the same and workout the remedy in accordance with law.
5.This Writ Petition is disposed of with the above directions. No costs.
22.08.2024
krk
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
https://www.mhc.tn.gov.in/judis 3/5 W.P.No.24000 of 2024 NOTE: Issue order copy on 23.08.2024.
N.ANAND VENKATESH, J.
krk To
1.The State of Tamil Nadu, Rep by its Principal Secretary, Department of School Education, Fort St. George, Chennai – 600 009.
2.The Commissioner of School Education, College Road, Chennai – 600 006.
3.The Chief Educational Officer, Presidency Girls Hr.Sec.School, Spurtank Road, Egmore, Chennai – 600 008.
4.The District Educational Officer (East), Naddukuppam, Triplicane, Chennai – 600 005.
5.YMCA Boys Town High School, Rep. by its Correspondent, Fort St. George, Chenai – 600 009.
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