Madras High Court
K. Uma Maheshwari vs Government Of Tamil Nadu on 16 August, 2018
Author: Satrughana Pujahari
Bench: Satrughana Pujahari
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.08.2018
CORAM
Hon'ble Mr. Justice SATRUGHANA PUJAHARI
W.P.No.20706 of 2018
K. Uma Maheshwari ... Petitioner
vs.
1. Government of Tamil Nadu,
Rep. By Principal Secretary Government,
School Education Department,
Secretariat, Chennai 600 009.
2 The Director of Elementary Education,
(DPI Compound), Nungambakkam,
Chennai 600 006.
3 The District Elementary Educational Officer,
Salem District,
Salem.
4 The Assistant Elementary Educational Officer,
Salem District,
Salem. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the 1st respondent to extend the benefits granted to the similarly placed persons vide G.O (Ms).No.336 School Education (M1) Department dated 30.12.2009, G.O.(3D) No.4 School Education Nee Va.2(f) Department dated 21.01.2015 and G.O.(3D) No.63, School Education Nee Va.2(f) Department dated 13.04.2016 to the Petitioner herein by regularising her services as Secondary Grade Teacher with retrospective effect from the date of the petitioner's initial appointment as Junior Secondary Grade Teacher on consolidated pay basis from 07.10.2004 and to grant the petitioner all consequential benefits with a limited time frame.
For Petitioner : Mr.M.Ravi
For Respondents : Mrs.P.Kavitha
Government Advocate
O R D E R
The grievance of the petitioner in this case is in- action on the part of the respondents in considering her representation dated 19.10.2017, followed by the second one dated 14.03.2018, to extend her the benefit of G.O.(3D) No.4 School Education Nee Va2(f) Department dated 21.01.2015 and G.O.(3D) No.63 School Education Nee Va2(f) Department dated 13.04.2016 and as such it has been prayed that such in action on the part of the respondents being illegal, arbitrary, the respondents be directed to grant the petitioner the benefit of the aforesaid Government Orders.
2. Learned counsel appearing for the petitioner would submit that since in similar circumstances in respect of some of the colleagues of the petitioner in pursuance to the orders passed by this Court in W.P.(MD).No.2501 of 2013 on 22.10.2013, the benefit has been extended, it was incumbent upon the first respondent to grant such benefit to the petitioner of the aforesaid Government Orders, considering her representations made in this regard, but the respondents having not considered the same is guilty of in- action, and as such, this Court may declare the same to be illegal, arbitrary and direct the respondents to consider her representation and take a decision in accordance with law, keeping in mind the aforesaid Government Orders as well as the order passed in the W.P.No.(MD).No.2501 of 2013 on 22.10.2013.
3. Learned counsel appearing for the respondents would submit that the respondents have no objection to consider the same within the stipulated period but this Court should not put any fetter on them to consider the same in any particular manner.
4.Considering the aforesaid facts and submissions made, especially the nature of relief sought for, this Court, without seeking any reply affidavit, disposes of this writ petition at the stage of admission itself, with a direction to the respondents to take an informed and considered decision, on the representations of the petitioner dated 19.10.2017 & 14.03.2018, keeping in mind the provisions of the aforesaid Government Orders and in the light of the orders passed in W.P.No.(MD).No.2501 of 2013 on 22.10.2013, within a period of six weeks from the date of receipt of the order. No costs.
16.08.2018 Index: Yes/No dn/sni To 1 Government of Tamil Nadu Rep. By Principal Secretary Government School Eduacation Department Secretariat, Chennai 600 009.
2 The Director of Elementary Education (DPI Compound), Nungambakkam Chennai 600 006.
3 The District Elementary Educational Officer Salem District Salem.
4 The Assistant Elementary Educational Officer Salem District Salem.
SATRUGHANA PUJAHARI, J.
dn/sni W.P.No.20706 of 2018 16.08.2018