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Madras High CourtWP/2036/2023disposed of

T.Esudasan v. The Director Of School Education

2023-01-25Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.2036 of 2023 T.Esudasan Petitioner vs.

1.The Director of School Education, DPI Buildings, College Road, Chennai - 600 006.

2.The Chief Educational Offier, Thirupattur District.

3.The District Educational Officer, Thirupattur, Thirupattur District.

4.The Correspondent, Concordia High School, Pernambut, Thirupattur District - 635 810.

5.The Chief Educational Officer, Vellore District.

6.The District Educational Officer, Vellore District.

Respondents [R6 & R7 suo motu impleaded dated 25.01.2023 made in W.P.No.2036 of 2023]

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to approve the promotion and appointment of the Petitioner as Headmaster in the 4th respondent school, wef. 07.06.2017 with all consequential monetary benefits, on the basis of the proposal submitted by the 4th respondent dated 05.06.2017, within the time frame fixed by this Court.

For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.E.Sundaram Government Advocate for R1 to R3

O R D E R

The Chief Educational Officer, Vellore District and the District Educational Officer, Vellore District are suo motu impleaded as the 5th and 6th respondents in this writ petition.

2.This writ petition has been filed for issue of writ of mandamus directing the official respondents to approve the promotion and appointment of the petitioner to the post of Head Master in the 4th respondent School, based on the proposal submitted by the 4th respondent on 05.06.2017 and to settle all the monetary benefits.

3.The case of the petitioner is that he joined as Head Master in the 4th respondent School on 07.06.2017. A proposal was also sent by the 4th respondent School for approval before the 2nd and 3rd respondents. The same was not acted upon and it is kept pending till now. The petitioner is going to attain superannuation on 31.03.2023. Hence, left with no other alternative, the present writ petition has been filed before this Court seeking for appropriate directions.

4.The learned Government Advocate appearing on behalf of the respondent submitted that after the trifurcation of the District, the request made by the 4th respondent School should be considered by the District Educational Officer, Vellore District and the Chief Educational Officer, Vellore District. Based on this submission, those officials were suo motu impleaded as the 5th and 6th respondents in this writ petition.

5. Taking into consideration the limited relief sought in the present writ petition and also of the fact that the proposal has been pending for more than five years, there shall be a direction to the impleaded 5th and 6th respondents to act upon the approval that has been forwarded by the 4th respondent, within a period of four weeks from the date of receipt of copy of this order. The

petitioner is directed to forward the representation through the 4th respondent School to the impleaded 5th and 6th respondents along with all the relevant documents and also a copy of this order.

6.This writ petition is disposed of with the above direction. No Costs. 25.01.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The Director of School Education, DPI Buildings, College Road, Chennai - 600 006.

2.The Chief Educational Offier, Thirupattur District.

3.The District Educational Officer, Thirupattur, Thirupattur District.

4.The Correspondent, Concordia High School, Pernambut, Thirupattur District - 635 810.

5.The Chief Educational Officer, Vellore District.

6.The District Educational Officer, Vellore District.

N. ANAND VENKATESH, J.

ssr W.P No.2036 of 2023 25.01.2023