T.Muthukumarasamy v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.01.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.1362 of 2021 and W.M.P.Nos.1530 & 1533 of 2021 (Heard through VC) T.Muthukumarasamy .. Petitioner -vs1.The State of Tamil Nadu, Rep. by its Secretary to Governement, Education Department, Fort St.George, Chennai- 600 009.
2.The Director of School Education, School Education Department, College Road, Chennai- 600 006.
3.The Chief Educational Officer, School Education Department, Nagapattinam District.
4.The District Educational Officer, School Education Department, Mayiladuthurai District.
5.The Secretary, Srinivasa Higher Secondary School, Melaiyur - Poompuhar, Sirkali Taluk, Nagapattinam District- 609 107.
.. Respondents Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the impugned proceeding order by the 2nd Respondent in Na.ka.No.2155/D3(4)/03 dated 18.06.2003 and quash the same and consequently directing the respondents to restore the approval already given for the promotion given to Secondary Grade Teacher post and also to accord approval for the subsequent promotion of the petitioner to the post of
B.T.Assistant (History) in 5th Respondent school with effect from 03.04.1997 and 04.06.2001 respectively and also to direct the respondents for disbursement of due salary with all monetary service benefits including pensionary benefits. For Petitioner : Mr.M.Silambarasan For Respondents : Mr.P.Raja Government Advocate
O R D E R
The petitioner has come forward with this writ petition challenging the impugned proceeding passed by the 2nd respondent in Na.ka.No.2155/D3(4)/03 dated 18.06.2003 and consequently directing the respondents to restore the approval already given for promotion given to Secondary Grade Teacher post and also to accord approval for the subsequent promotion of the petitioner to the post of B.T.Assistant (History) in 5th Respondent school with effect from 03.04.1997 and 04.06.2001, respectively and also to direct the respondents for disbursement of due salary with all monetary service benefits including pensionary benefits.
2. Mr.P.Raja, learned Government Advocate takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
3. This Court is not inclined to go into the merits of the case, as the impugned order dated 18.06.2003 has been put to test after 18 years and this Court cannot question the same. Hence, on the ground of laches, the writ petition is dismissed. Consequently, the connected miscellaneous petitions are closed. No costs.
Sd/- Assistant Registrar (CS.VIII) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Governement, State of Tamil Nadu, Education Department, Fort St.George, Chennai- 600 009.
2.The Director of School Education, School Education Department, College Road, Chennai- 600 006.
3.The Chief Educational Officer, School Education Department, Nagapattinam District.
4.The District Educational Officer, School Education Department, Mayiladuthurai District.
5.The Secretary, Srinivasa Higher Secondary School, Melaiyur - Poompuhar, Sirkali Taluk, Nagapattinam District- 609 107.
+1cc to Mr.M.Silambarasan, Advocate Sr.No.4278 +1cc to The Government Pleader Sr.No.4042 AKM/16.03.21 /3P-8C/ W.P.No.1362 of 2021 and W.M.P.Nos.1530 & 1533 of 2021 22.01.2021