Madras High Court
K.Mary Stella Bai vs The Secretary To The Government on 17 June, 2022
WP(MD)No.12239 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD)No.12239 of 2022
K.Mary Stella Bai ... Petitioner
/vs./
1.The Secretary to the Government,
School Education Department,
Government of Tamil Nadu,
Fort.St.George, Chennai.
2.The Director of School Education,
Office of Director of School Education,
Chennai 600 006.
3.The District Education Officer,
O/o.The District Education District,
Thuckalai, Kanyakumari District.
4.The Correspondent,
Saint Joseph High School,
Saral, Saral Post,
Kanyakumari District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus directing the respondents to grant Selection Grade
1/6
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WP(MD)No.12239 of 2022
Scale of pay after 10 years from the date of her appointment i.e., from 01.06.1997,
instead 02.06.2003, the date of completion of child psychology training on the
basis of the Judgment in S.Karthigairani vs The State of Tamil Nadu
WP(MD).No.20767 of 2014 dated 27.08.2020 and to grant all consequential
benefits to the petitioner.
For Petitioner : Mr.K.Sami Durai
For R1 to R3 : Mr.V.Nirmal Kumar
Government Advocate
ORDER
By consent of both the parties, this writ petition is taken up for final
disposal.
2.The petitioner herein had given a representation to the respondents on
24.09.2021 seeking for grant of Selection Grade Scale of pay after 10 years from
the date of her appointment i.e., from 01.06.1997, instead 02.06.2003, the date of
completion of child psychology training and to grant all consequential benefits to
the petitioner. Since the said representation was not considered, the present writ
petition has been filed.
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WP(MD)No.12239 of 2022
3.It is needless to point out that whenever a representation of this nature is
made to a Statutory Authority, there is a duty cast upon the respondents to
consider the same on its own merits and pass appropriate orders in one way or
other, instead of keeping the same pending indefinitely. As such, non-
consideration of the representation by the Statutory Authority would amount to
dereliction of duty and hence, this Court will be justified in invoking its
extraordinary powers under Article 226 of Constitution of India and direct them
to consider the same within a stipulated time.
4.In the light of the above observations, there shall be a direction to the
second respondent herein to consider the petitioner's representation dated
24.09.2021 on its own merits and pass appropriate orders in accordance with law,
within a period of eight (8) weeks from the date of receipt of a copy of this order.
It is made clear that this Court has not expressed any of its views with regard to
the merits of the claim of the petitioner and that it is open to the concerned
respondent to consider the same on its own merits.
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WP(MD)No.12239 of 2022
5.With the above direction, the Writ Petition stands disposed of. No costs.
17.06.2022
Index : Yes / No
Internet : Yes / No
sm
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WP(MD)No.12239 of 2022
To:
1.The Secretary to the Government,
School Education Department,
Government of Tamil Nadu,
Fort.St.George, Chennai.
2.The Director of School Education,
Office of Director of School Education,
Chennai 600 006.
3.The District Education Officer,
O/o.The District Education District,
Thuckalai, Kanyakumari District.
https://www.mhc.tn.gov.in/judis
WP(MD)No.12239 of 2022
M.S.RAMESH, J.
Sm
Order made in
W.P.(MD)No.12239 of 2022
Dated:
17.06.2022
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