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Madras High CourtWP/10343/2017disposed of

A.Vivekanandhan, v. The Director Of School

2017-04-25Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.10343 of 2017 A.Vivekanandhan

...Petitioner

-vs1. The Director of School Education O/o. the Directorate of School Education DPI Campus, College Road Chennai-600 006

2. The Joint Director (HSS) O/o.the Directorate of School Education DPI Campus , College Road Chennai-600 006

3. The Chief Educational Officer O/o. the Chief Educational Office Ariyalur, Ariyalur District

...Respondents

Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to include the name of the petitioner in the panel of B.T.Assistant fit for promotion to the post of P.G.Assistant (Economics) (same subject) for the year 2017-2018 without reference to reverse degree in the light of order dated 11.03.2014 made in W.P. No.1068 of 2014 and by considering the petitioner's representation dated 05.04.2017 within the period that may be stipulated by this Hon'ble Court. For Petitioner :: Mr.S.Nambi Arooran For Respondents :: Mr.T.M.Pappiah Special Government Pleader

ORDER

It is the case of the petitioner that at the time of serving as B.T.Assistant (Maths) at Government Higher Secondary School, Ulkottai, Udayarpalayam Taluk, Ariyalur District, he was qualified with B.Sc.(Maths) and B.Ed. Subsequently, after

getting permission from the department, he has also completed M.A.(Economics) during December, 2013. Therefore, it is claimed that he is fully eligible for the post of P.G.Assistant (Economics). Even the Headmaster of Government Higher Secondary School, Ulkottai, by his proceedings dated 7.2.2017, has forwarded the proposal to the third respondent for inclusion of his name in the panel of P.G.Assistant (Economics) for the year 2017-18. But in the tentative seniority list published by the second respondent, the petitioner's name was not found. Therefore he has given a representation on 5.4.2017 stating that he has got the requisite qualification for the promotional post. Since the same has not been considered, he has been advised to come to this Court.

2. Mr.T.M.Pappiah, learned Special Government Pleader takes notice on behalf of the respondents.

3. Since the petitioner was qualified at the time of appointment for the post of B.T.Assistant with B.Sc., B.Ed., and completed M.A.(Economics) during December, 2013 and also completed B.A.(Economics) in May, 2016, the first respondent can consider his representation. Accordingly, the first respondent is hereby directed to consider the pending representation of the petitioner on merits and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss

To

1. The Director of School Education O/o. the Directorate of School Education DPI Campus, College Road Chennai-600 006

2. The Joint Director (HSS) O/o.the Directorate of School Education DPI Campus , College Road Chennai-600 006

3. The Chief Educational Officer O/o. the Chief Educational Office Ariyalur, Ariyalur District +1cc to M/s.Ajmal Associates, S.R.No.24835 +1cc to the Government Pleader, S.R.No.25315 W.P.No.10343 of 2017 SKV(CO) RS(09/05/2017)