Madras High CourtWP/3648/2023disposed of

S.A.Rajkumar v. The Joint Director Of School Education (Personnel)

2023-02-09Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.A.Rajkumar ..

Petitioner vs

1. The Joint Director of School Education (Personnel) Directorate of School Education College Road, Chennai - 600 006.

2. The Chief Educational Officer Udhagamandalam The Nilgari's District.

Respondent Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the appeal made by the petitioner dated 20.03.2021. For Petitioner :

Mr.P.Ganesan For Respondents :

Mrs.E.Indhumathi Government Advocate

ORDER

This writ petition has been filed for issue of a writ of Mandamus directing the first respondent to dispose of the appeal that has been filed by the petitioner on 20.03.2021 within a time frame fixed by this Court. 1/4

2. The second respondent issued show cause notice against the petitioner and an Enquiry Officer was appointed and ultimately, the second respondent, through order dated 06.01.2021, issued an order of punishment of stoppage of increment for one year against the petitioner. Aggrieved by the same, the petitioner filed an appeal before the first respondent on 20.03.2021. The grievance of the petitioner is that the appeal is pending before the first respondent and hence he has approached this Court.

3. Heard Mr.P.Ganesan, learned counsel for the petitioner and Mrs.E.Indhumathi, learned Government Advocate for the respondents.

4. Taking into consideration the limited relief sought for in this writ petition, there shall be a direction to the first respondent to deal with the appeal filed by the petitioner on 20.03.2021 on its own merits and in accordance with law and final orders shall be passed within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with the copy of the appeal filed on 20.03.2021 and also a copy of this order.

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5. With these directions, the writ petition is disposed of. There will be no order as to costs.

Index: Yes/No 09.02.2023 drm To

1. The Joint Director of School Education (Personnel) Directorate of School Education College Road, Chennai - 600 006.

2. The Chief Educational Officer Udhagamandalam The Nilgari's District.

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N.ANAND VENKATESH , J (drm) 09.02.2023 4/4