Disposed

D.Bhuvana, v. The Joint Director of School

Madras HC8 Jun 2023WP/14962/2016

Case brief

AI extract

What is this about?

In this special leave petition (listed as Writ Petition), the petitioner, a Post Graduate Assistant, sought relief for unpaid salary due to a delay in joining her school post-transfer. The single judge disposed of the writ petition by directing the Head Master (3rd respondent) to regularize the petitioner's period in accordance with the Joint Director's circular.

What did the court decide?

Directing the 3rd respondent to pass orders regularizing the petitioner's period between 01.06.2000 and 15.10.2000 within four weeks, in line with the 1st respondent's circular.

D.Bhuvana, Vs The Joint Director of School — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.14962 of 2016

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.06.2023

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CORAM

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THE HONOURABLE MR.JUSTICE P.B.BALAJI

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W.P.No. 14962 of 2016

D.Bhuvana

... Petitioner

Versus

1.The Joint Director of School Education, (Higher Secondary Education), DPI Compound, Chennai-6.

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2.The Chief Educational Officer, The Chief Educational Office, 'B' Block, Collector Office, Sathuvacherry, Vellore-9,

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3.The Head Master, Government Girls Higher Secondary School, Poigai, Vellore District.

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... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, prays to issue a Writ of Mandamus, directing the respondents to comply the circular issued by the 1^st respondent in Na.Ka.No.21256/W3/E3/2014 dated 09.06.2014.

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For Petitioner : Mr.S.Nagarajan For Respondents : Mrs.M.Shahjahan Special Government Pleader

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1/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.14962 of 2016

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O R D E R

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This writ petition has been filed to direct the respondents to comply

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with the circular issued by the 1^st respondent in

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Na.Ka.No.21256/W3/E3/2014 dated 09.06.2014.

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The case of the writ petitioner is that she is working as a Post Graduate Assistant in English in Government Girls Higher Secondary School, Poigai, Vellore District. On 01.06.2000, the petitioner was transferred to the Government Matriculation Higher Secondary School, Pernampet and necessary relieving order was also issued. She further states that since there is no vacancy in the said school, she was permitted to join the school on 16.10.2000. The delay was not attributable to the petitioner but only because of the fact that there was no vacancy in the school at Pernampet. The petitioner's grievance is that she was not paid salary from 01.06.2000 to 15.10.2000(3 months and 15 days). Therefore, the petitioner made a representation on 06.02.2004 to the respondents. Since no action was taken

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2/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.14962 of 2016

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on the part of the respondents, the petitioner was constrained to file a writ petition in W.P.No.28110 of 2005 before this Court and the same was ordered on 27.11.2013, directing the respondents to consider the petitioner's representation dated 06.02.2004 within a period of eight weeks. Thereafter, the 1^st respondent issued a proceeding on 09.06.2014 to regularize the petitioner's period between 01.06.2000 and 15.10.2000. However, the 3^rd respondent did not take any steps to comply with the order of the 1^st respondent. Under such circumstances, she has approached this Court seeking issuance of a writ of mandamus.

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Heard, Mr.S.Nagarajan, learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

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The learned Special Government Pleader for the respondents fairly

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concedes that the order of the 1^st respondent would be complied with and necessary orders would be passed within a reasonable time and in accordance with law.

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3/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.14962 of 2016

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Considering the above, this writ petition is disposed of, directing the

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3^rd respondent to pass orders in line with the circular issued by the 1^st respondent in Na.Ka.No.21256/W3/E3/2014 dated 09.06.2014 within a period of four weeks from the date of receipt of a copy of this order.

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08.06.2023

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Index : Yes / No Internet: Yes Speaking/non speaking order nr

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1.The Joint Director of School Education, (Higher Secondary Education), DPI Compound, Chennai-6.

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2.The Chief Educational Officer, The Chief Educational Office, 'B' Block, Collector Office, Sathuvacherry, Vellore-9,

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3.The Head Master, Government Girls Higher Secondary School, Poigai, Vellore District.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.14962 of 2016

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P.B.BALAJI, J., nr

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W.P.No. 14962 of 2016

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08.06.2023

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5/5

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https://www.mhc.tn.gov.in/judis

D.Bhuvana, v. The Joint Director of School

Case brief

What is this about?

What did the court decide?

D.Bhuvana, v. The Joint Director of School

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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