Madras High Court
K.Chithra Devi vs The District Educational Officer on 9 March, 2021
W.P.(MD)No.2614 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:09.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.2614 of 2017
and
W.M.P(MD)No.17183 of 2017
K.Chithra Devi ... Petitioner
Vs.
1.The District Educational Officer,
Srivilliputhur,
Virudhunagar District.
2.R.V.Thevar Memorial Girls High School,
Cholapuram,
Rajapalayam,
Virudhunagar District,
By its Secretary. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the first respondent to
regularize the service of the petitioner from her initial date of
appointment on 17.06.1986 for the purpose of pension with other
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W.P.(MD)No.2614 of 2017
consequent monetary benefits in the light of the judgment of Division
Bench of this Court passed in W.A(MD)Nos.291 and 292 of 2008, dated
26.06.2008 and based upon the petitioner's representation dated
29.08.2016.
For Petitioner : Mr.K.Kannan
For R1 : Mr.C.M.Marichelliah Prabhu
Additional Government Pleader
For R2 : Mr.S.Sivaprakash
(No appearance)
ORDER
This Writ Petition is filed for a direction to the first respondent to
regularize the service of the petitioner from her initial date of
appointment on 17.06.1986 for the purpose of pension with other
consequent monetary benefits, in the light of the judgment of the
Division Bench of this Court passed in W.A(MD)Nos.291 and 292 of
2008, dated 26.06.2008 and based upon the petitioner's representation
dated 29.08.2016.
2.The case of the petitioner is that she was appointed as
Headmaster in the second respondent School in the year 1986 and her
http://www.judis.nic.in
W.P.(MD)No.2614 of 2017
appointment was approved in the year 1991. Subsequently, the petitioner
was retired from service on 31.08.2012. Thereafter, the service of the
petitioner for the period between 17.06.1986 and 16.06.1991, was not
taken into account for the purpose of pension and annual increment.
Hence, the petitioner has made a representation 29.08.2016 to the
respondents. So far no order has been passed. Hence, the present writ
petition is filed.
3.The learned Additional Government Pleader appearing for the
first respondent submitted that the petitioner's representation was rejected
on 18.09.2017.
4.The learned counsel appearing for the petitioner submitted that
this Court may grant liberty to the petitioner to work out her remedy in
the manner known to law.
5.Considering the above arguments, this Court is of the considered
opinion that the petitioner's representation was rejected on 18.09.2017
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W.P.(MD)No.2614 of 2017
and hence, the prayer sought for in this Writ Petition cannot be granted.
Accordingly, this Writ Petition is dismissed with liberty to the petitioner
to work out her remedy in the manner known to law. No costs.
Consequently, connected miscellaneous petition is closed.
09.03.2021
Index:Yes/No
Internet:Yes/No
Ns
Note:In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The District Educational Officer,
Srivilliputhur,
Virudhunagar District.
2.R.V.Thevar Memorial Girls High School,
Cholapuram,
Rajapalayam,
Virudhunagar District,
By its Secretary.
http://www.judis.nic.in
W.P.(MD)No.2614 of 2017
M.DHANDAPANI,J.
Ns
W.P.(MD)No.2614 of 2017
and
W.M.P(MD)No.17183 of 2017
09.03.2021
http://www.judis.nic.in
