Allowed

Mrs.M.Vijaya, D/o.M.Mayavel v. The State of Tamil Nadu

Madras HC21 Mar 2018WP/6332/2018

Case brief

AI extract

What is this about?

Four writ petitions filed by Anganwadi employees with requisite qualifications seeking a writ of mandamus to direct government authorities to consider recommendations for their appointment as Graduate Teachers through a Special Examination pending on file.

What did the court decide?

Respondent No. 1 directed to consider the recommendation dated 10.11.2017 and pass appropriate orders within four weeks.

Mrs.M.Vijaya, D/o.M.Mayavel Vs The State of… — Pension and Retirement Benefits | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.03.2018

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAJA

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W.P.Nos.6332 to 6335 of 2018

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M.Vijaya .. Petitioner in W.P.No.6332 of 2018 C.Kala .. Petitioner in W.P.No.6333 of 2018 K.Palaniyammal .. Petitioner in W.P.No.6334 of 2018 Kavitha.S .. Petitioner in W.P.No.6335 of 2018 -vs1. The State of Tamil Nadu represented by its Secretary School Education Department Fort St.George Chennai 600 009 2. The State of Tamil Nadu represented by its Secretary Social Welfare & Nutritious Meal Programme Department Fort St.George Chennai 600 009

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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 15.02.2018/23.02.2018 after taking into account of the recommendations of the third respondent dated 10.11.2017 and

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

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issue suitable orders to the Chairman, Tamil Nadu Teachers 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

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For Respondents:: Mrs.P.Rajalakshmi Additional Government Pleader for R1 to 3 Mr.V.Kadhirvelu Special Government Pleader for R4 & 5

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ORDER

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These four 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 15.2.2018/23.2.2018 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.M.Vijaya, the petitioner in W.P.No.6332 of 2018 had completed the B.A., in the year 2000, M.A., in the year 2013 and also B.Ed., in the year 2010. With these qualifications, she was appointed as Anganwadi employee on 20.9.95 at the Nagalur Anganwadi centre, Thiyarthurkkam Block and presently working at Peruvangur Anganwadi centre-I, Kallakurichi Taluk and since then she has been working without any promotion with the salary of Rs.12,665/-. The petitioner in W.P.No.6333 of 2018 Mrs.C.Kala completed B.Litt in the year 2006 as well as B.Ed., in the year 2010 and now working as Anganwadi employee at the Kundalur Anganwadi Centre, Thiyarthurkkam Union, Villupuram District with the salary of Rs.12,625/-. The petitioner in W.P.No.6334 of 2018 Mrs.K.Palaniyammal completed B.A., in the year 2011 as well as B.Ed., in the year 2014 and now working as Anganwadi employee at the centre at Kurichi Anaimedu, Salem District with the salary of Rs.11,000/-. The petitioner in W.P.No.6335 of 2018 Mrs.Kavitha.S completed B.A., in the year 2005, M.A., in the year 2011 as well as B.Ed., in the year 2011 and now working as Anganwadi employee at the centre at Kallimedu, Nagapattinam District with the salary of Rs.9,125/-.

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In view of the above, they have submitted representations to the respondents 1 to 5 by registered post on 15.2.2018/23.2.2018 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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Both the learned Additional Government Pleader and the Special Government Pleader 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

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

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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 for appointment as Graduate Teachers in the Government and other schools as prayed for in their representations dated 15.2.2018/23.2.2018. With this direction, the writ petitions are disposed of accordingly. No costs.

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Sd/Assistant Registrar(CS-VII)

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//True Copy// Sub Assistant Registrar ss 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 +1cc to Mr.P.CHANDRA SEKAR, Advocate, S.R.No. 21152 +3cc to Mr.P.CHANDRA SEKAR, Advocate, S.R.No. 21153 TO 21155 (24.04.2018) W.P.Nos.6332 to 6335 of 2018 RR(CO) TR(10/04/2018)

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Mrs.M.Vijaya, D/o.M.Mayavel v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Mrs.M.Vijaya, D/o.M.Mayavel v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

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