Allowed

Mrs.P.Umavathi, v. The State of Tamil Nadu

Madras HC19 Mar 2018WP/6119/2018

Case brief

AI extract

What is this about?

The High Court issued a Writ of Mandamus directing the Secretary to the Government School Education Department to consider recommendations dated 10.11.2017 passed by the Director of School Education and pass appropriate orders within four weeks to enable five petitioners, Anganwadi employees with graduate qualifications, to participate in a Special Examination for appointment as Graduate Teachers.

What did the court decide?

Directed the first respondent to consider the recommendation dated 10.11.2017 and pass appropriate orders within four weeks to enable petitioners to take part in Special Examination for appointment as

Mrs.P.Umavathi, Vs The State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.03.2018

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAJA

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W.P.Nos.6119 to 6123 of 2018

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Mrs.P.Umavathi .. Petitioner in W.P.No.6119 of 2018 Mrs.D.Thilageswari .. Petitioner in W.P.No.6120 of 2018 Mrs.S.Indradevi .. Petitioner in W.P.No.6121 of 2018 Mrs.V.N.Nagarani .. Petitioner in W.P.No.6122 of 2018 Mrs.S.Senthilselvi .. Petitioner in W.P.No.6123 of 2018 -vs1. The State of Tamil Nadu represented by its Secretary School Education Department Fort St.George Chennai 600 009

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The State of Tamil Nadu represented by its Secretary Social Welfare & Nutritious Meal Programme Department Fort St.George Chennai 600 009 3. The Director of School Education College Road, Nungambakkam Chennai 600 006 4. The Director of Social Welfare Sidco Old Building, Guindy Chennai 600 032

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The Director Integrated Child Development Scheme Pammal Nallathambi Street Tharamani Chennai 600 113 ..Respondents in all the writ petitions

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Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioners' representations dated 15.02.2018 after taking into account of the recommendations of the third respondent dated 10.11.2017 and issue suitable orders to the Chairman, Tamil Nadu Teachers

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https://hcservices.ecourts.gov.in/hcservices/

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Recruitment Board to conduct the Special Examination for the appointment of Graduate Teachers in Government Schools and other Schools etc., in the State of Tamil Nadu.

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For Petitioners :: Mr.P.Chandrasekaran For Respondents :: Mr.R.P.Prathap Singh Government Advocate

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ORDER

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These five writ petitions have been filed seeking a common relief of a mandamus directing the Secretary to Government, School Education Department and the Secretary to Government, Social Welfare & Nutritious Meal Programme Department, the respondents 1 & 2 herein to consider the representations of the petitioners dated 15.2.2018 after taking into account the recommendations made by the Director of School Education, Chennai, the third respondent herein dated 10.11.2017 and then to issue suitable orders to the Chairman, Tamil Nadu Teachers Recruitment Board to conduct the Special Examination for the appointment of Graduate Teachers in the Government and other Schools etc., in the State of Tamil Nadu.

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Learned counsel for the petitioners submitted that Mrs.P.Umavathi, the petitioner in W.P.No.6119 of 2018 had completed the B.A., in the year 2007 and also completed B.Ed., in the year 2011. With these qualifications, she was appointed as Anganwadi employee on 15.2.2007 at the Mohan Nagar-I Anganwadi centre, Veerapandi union, Salem District and since then she has been working without any promotion with the salary of Rs.10,995/-. The petitioner in W.P.No.6120 of 2018 Mrs.D.Thilageswari completed B.Litt in the year 2010, B.Ed., in the year 2012 and also M.A., in the year 2014. In the meanwhile, she has also acquired PPTTC in the year 2006 and now working as Anganwadi employee at the Nediyam Anganwadi Centre with the salary of Rs.11,830/-. The petitioner in W.P.No.6121 of 2018 Mrs.S.Indradevi completed B.A., in the year 2001, M.A., in the year 2013 as well as B.Ed., in the year 2015 and now working as Anganwadi employee at the centre at Mudhalaimeduthittu, Nagapattinam District with the salary of Rs.9,100/-. The petitioner in W.P.No.6122 of 2018 Mrs.V.N.Nagarani completed B.Litt., in the year 2008 as well as TPT course in the year 2011 and now working as Anganwadi employee at the centre at Vellalappatti Palli Valagam, Omalur Taluk, Salem District with the salary of Rs.13,570/-. The petitioner in W.P.No.6123 of 2018 Mrs.S.Senthilselvi completed B.A., in the year 2005, as well as B.Ed., in the year 2008 and now working as Anganwadi employee at the Pettaitheru Anganwadi Centre, Paramakudi, Ramnad District with the salary of Rs.10,300/-.

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https://hcservices.ecourts.gov.in/hcservices/

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In view of the above, they have submitted representations to the respondents 1 to 5 by registered post on 15.2.2018 to consider their case in the light of the recommendation made by the Director of School Education, Chennai, the third respondent herein in his proceeding bearing Na.Ka.No.10321/C2/ E2/2016 dated 10.11.2017 and the relevant portion thereof reads as follows:-

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“vdnt. ,k;Kd;epfH;it gpd;gw;wpa[k; rK:f eyk; kw;Wk; rj;Jzt[ jpl;lj;Jiw muR Kjd;ikr; brayhsupd; fojj;jpd; mog;gilapYk; gs;spf; fy;tpj;Jiwapy; ,ilepiy Mrphpah; kw;Wk; gl;ljhhp Mrphpah; gjtpf;F eph;zapf;fg;gl;Ls;s fy;tpj;jFjp bgw;Ws;s 430 rj;Jzt[ gzpahsh;fs; kw;Wk; 341 m';fd;tho gzpahsh;fSf;F rpwg;g[ Mrphpah; jFjpj; njh;t[ xd;iw elj;jp eilKiwapy; cs;s njh;e;njhh; bgah; gl;oay; jahhpg;gjw;fhd tHpKiwfis gpd;gw;wp njh;r;rpbgWk; gzpahsh;fSf;F gs;spf; fy;tpj;Jiwapy; ,ilepiy Mrphpah; kw;Wk; gl;ljhhp Mrphpah; gzpepakdk; tH';FtJ Fwpj;J ghprPypf;fyhk; vdt[k; gzpt[ld; bjhptpf;fpd;nwd;/ ”

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Since there has been a recommendation in favour of the petitioners to take part in the Special Examination to be conducted for the Anganwadi employees for the purpose of appointing them as Graduate Teachers, the Government has to pass final orders on the recommendation made by the third respondent. It is also submitted that the petitioners are also willing and keenly waiting to take part in the Special Examination, so that they could be appointed as Graduate Teachers, as they have got all the qualification. Therefore the said genuine and bona fide request made by the petitioners should be considered. As the recommendation made by the third respondent is pending indefinitely on the file of the first respondent, a direction is sought for.

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The learned Government Advocate for the respondents submitted that although the third respondent has given his recommendation on 10.11.2017, the same is under the active consideration of the Government and suitable orders will be passed in due course.

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Recording the said statement, considering the fact that the recommendation made by the third respondent to the first respondent is pending for a long time, this Court finds no impediment to direct the first respondent to pass appropriate orders. Accordingly, the first respondent is hereby directed to consider the recommendation made by the third respondent dated 10.11.2017 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, so as to enable the petitioners to take part in the Special Examination

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https://hcservices.ecourts.gov.in/hcservices/

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for appointment as Graduate Teachers in the Government and other schools as prayed for in their representations dated 15.2.2018. With this direction, the writ petitions are disposed of accordingly. No costs.

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Sd/Asst.Registrar (CO) /true copy/ Sub Asst. Registrar

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ss To

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To
1. The Secretary to Government
School Education Department
Fort St.George
Chennai 600 009
2. The Secretary to Government
Social Welfare & Nutritious Meal
Programme Department
Fort St.George
Chennai 600 009
3. The Director of School Education
College Road, Nungambakkam
Chennai 600 006
4. The Director of Social Welfare
Sidco Old Building, Guindy
Chennai 600 032
5. The Director
Integrated Child Development Scheme
Pammal Nallathambi Street
Tharamani
Chennai 600 113
+ 1 cc to Mr.P.Chandrasekaran Advocate,SR.20281
+ 1 cc to The Govt.Pleader, SR.20927
+ 4ccs to Mr.P.Chandrasekaran, Advocate,
SR.20282 to 20285 (16/04/18)

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W.P.Nos.6119 to 6123 of 2018

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KK(CO) NR 06/04/2018

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https://hcservices.ecourts.gov.in/hcservices/

Mrs.P.Umavathi, v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Mrs.P.Umavathi, v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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