LAWS(MAD)-2019-2-22

P KUTHALA ESWARI Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER

Decided On February 04, 2019
P Kuthala Eswari Appellant
V/S
DISTRICT ELEMENTARY EDUCATIONAL OFFICER Respondents

JUDGEMENT

(1.) W.P(Md)No.23459 of 2015 has been filed seeking a direction to the third respondent to pay the subsistence allowance of the petitioner, right from the date of her suspension i.e., from 11.03.2015, based on her representations dated 23.03.2015 and 16.11.2015.

(2.) W.P(Md)No.22760 of 2016 has been filed seeking a direction to the second respondent to reinstate the petitioner in service with all back wages in view of the order passed by the first respondent vide his proceedings in Na.Ka.No.4097/A2/2015-1 dated 8.8.2016 as well as in purview of Rule 17(3) (iii) of The Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 and in the light of the order passed by the Hon'ble Apex Court in Deepali Gundu Surwase vs. Kranti Junior Adhyapak Mahavidyalaya (D.ED) and others reported in, 2013 10 SCC 324.

(3.) The case of the petitioner is that she was appointed as a Secondary Grade Teacher in the third respondent school. Even after 20 years of her unblemished service, she was placed under suspension by the order of the third respondent in WP(MD)No.23459 of 2015 dated 11.03.2015 and enquiry is stated to be pending. In the meanwhile, the petitioner made representations dated 23.03.2015 and 16.11.2015 to the third respondent, seeking disbursement of subsistence allowance from the date of her suspension, but the same are pending without any consideration.