The prayer in the writ petition is for a Writ of Mandamus, directing the respondents to regularize petitioner's service for the period from 04.10.2006 to 16.09.2007 as B.T. Assistant as per G.O.M.S.No.1529 dated 11.11.1990 with all service benefits and to pay the salary for the period from 01.01.2007 to 16.09.2007.
2.The petitioner on 12.01.2001 was promoted as B.T. Assistant. Thereafter, as Middle School Headmistress on 26.06.2006 and she worked as Middle School Headmistress till the Panchayat Union Middle School, Koliankulam has been upgraded as High School as per order in G.O.M.S.No.151 S.E.(E1) dated 29.08.2006 and G.O.M.S.No.163 S.E. (E1) dated 12.09.2006. Thereafter, the petitioner had given her desire to absorb her as Tamil B.T. Assistant to the High School. Such request was refused by the third respondent on 08.11.2006. Instead of getting the petitioner in the upgraded High School, in violation of G.O.M.S.No.1529 dated 11.11.1990, her Junior had been given the posting of Headmistress. Therefore, the services of the petitioner at the upgraded Panchayat Union Middle School, Koliankulam from 04.10.2006 to 16.09.2007 as B.T. Assistant has to be regularised and salary for the period from 01.01.2007 to 16.09.2007 has to be paid to her. Since the same has not been paid inspite of the recommendatory report submitted by the 4th respondent vide his proceedings dated 21.11.2007 to the third respondent, the third respondent has not passed any order. Therefore, the petitioner had sent a detailed request on 15.03.2010, wherein the petitioner had requested the third respondent to regularise the period of her service from 04.10.2006 to 16.09.2007 and to pay salary to her from 01.01.2007 to 16.09.2007. The said representation has not been acted upon by the third respondent so far. Therefore, the petitioner has approached this Court.
3.Heard both sides.
4.The learned counsel for the petitioner would submit that even prior to the said representation, the petitioner had sent a number of representations to the respondents herein in the year 2007 in the month of January, March, September and November and none of such representation has yielded any result. Lastly, the 4th respondent has given his categorical recommendations that the said service period has to be regularised by giving salary to the petitioner and inspite of the said recommendation having been made by the fourth respondent, the third respondent has not made any orders.
5.On the other hand the learned Additional Government Pleader appearing for the respondents would submit that whether the petitioner is entitled to get the service regularised for the period covered as per the recommendations of the 4th respondent dated 21.11.2007 has to be independently looked into and in view of the pending writ petition no express order in writing has been passed by the third respondent so far.
6.Considering the above said submissions, this Court is of the view that the petitioner's service in the said School for the period from 04.10.2006 to 16.09.2007 as B.T. Assistant has to be regularised and resultantly the petitioner's salary for the period from 01.01.2007 to 16.09.2007 also has to be paid. Since the recommendation having been made by the fourth respondent as early as in 2007 by his proceedings dated 21.11.2007, the inaction on the part of the third respondent for all these years is not appreciable. Therefore, the petitioner's representation dated 15.03.2010 along with her earlier representations has to be considered by the third respondent and order has to be passed.
7.In the result, this Writ Petition is disposed of with the following directions:
(i) The petitioner's service period as B.T. Assistant for the period from 04.10.2006 to 16.09.2007 to be regularised and salary for the period from 01.01.2007 to 16.09.2007 to be paid to the petitioner has to be decided by the third respondent in the light of the recommendations made by the 4th respondent vide proceedings in Na.Ka.No.1548/A2/2007 dated 21.11.2007 and orders to that effect has to be passed by the third respondent within a period of six weeks from the date of receipt of a copy of this order.
(ii) It is needless to state that once the plea of the petitioner, in the light of the recommendations made by the fourth respondent, is accepted by the third respondent and order to that effect is passed, the salary arrears for the period 01.01.2007 to 16.09.2007 shall be disbursed to the petitioner.
No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The Director of Elementary Education, Education Department, College Road, Chennai ? 6.
2.The Chief Educational Officer, Tirunelveli District.
3.The District Elementary Educational Officer, Tirunelveli District.
4.The Additional Assistant Elementary Educational Officer, Valliyur, Tirunelveli District..