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Madras High CourtWP/12593/2013disposed of

J.Swaminathan v. The District Elementary

2020-09-11Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.12593 of 2013 J.Swaminathan ... Petitioner .Vs.

1. The District Elementary Educational Officer, Thiruvarur, Thiruvarur District.

2. The Assistant Elementary Educational Officer, Nannilam, Nannilam Taluk, Thiruvarur District.

3. The Secretary Aided Elementary School, Vazhkai, Nannilam Taluk, Thiruvarur District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to promote the petitioner as Head Master for the third respondent School, based on his representation dated 08.02.2013. For Petitioner : Mr.Durai Arun for M/s.V.Kasinatha Bharathi For Respondents: Mr.S.Suresh Kumar for R1 and R2 Government Advocate Ms.A.Srividhya for R3 for M/s.A.Muthukumar

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to promote the petitioner as Head Master for the third respondent School, based on his representation dated 08.02.2013.

2.The case of the petitioner is that the petitioner made representation to the respondents seeking to promote him as Head Master for the third respondent School and since the same has https://hcservices.ecourts.gov.in/hcservices/

not been considered, has filed this writ petition. 3.The learned counsel appearing for the third respondent would submit that during the pendancy of this writ petition, one Bharathi was promoted as the Headmistress of the third respondent School and would further submit that since there are some allegations pending against this petitioner, he was not granted promotion. The learned counsel would further submit that challenging the promotion granted to the said Bharathi, the petitioner has filed writ petition in W.P.No.25948 of 2017 before this Court. Hence, nothing survives for adjudication in this writ petition.

4.The learned counsel appearing for the petitioner would submit that this Court may grant liberty to the petitioner to canvass all the issues in W.P.No.25948 of 2017. 5.In view of the above, this writ petition is dismissed as infructuous. However, liberty is granted to the petitioner to canvass all the issues in W.P.No.25948 of 2017. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The District Elementary Educational Officer, Thiruvarur, Thiruvarur District.

2. The Assistant Elementary Educational Officer, Nannilam, Nannilam Taluk, Thiruvarur District.

+1cc to Mr.A.Muthukumar, Advocate, SR.No.29933 +1cc to the Government Pleader, Sr.No.29911 W.P.No.12593 of 2013 sr (co) rr ii (30/09/2020) https://hcservices.ecourts.gov.in/hcservices/