R.Kandasamy v. The Director Of Elementary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.5436 of 2018 R.Kandasamy ..Petitioner .. Vs ..

1. The Director of Elementary Education, College Road, Chennai - 600 006.

2. The Chief Educational officer, Karur Chief Educational Office, Karur District - 602 001.

3. The District Elementary Education Officer, Karur District Elementary Education Office, Karur District - 602 001.

..Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to consider and pass order on the representation dated 11.12.2017 made by the petitioner in the light of the Proceedings of the third respondent in Na.Ka.No.1504/A2/2014, dated 28.07.2014 and give all consequential benefits.

For Petitioner : Mr.P.Ganesan For Respondents : Mr.P.Raja Government Advocate - - - - -

ORDER

The petitioner has come to this Court again seeking mandamus directing the District Elementary Education Officer, Karur, the third respondent herein to consider and pass order on his representation dated 11.12.2017 in the light of the Proceedings

passed by the third respondent in Na.Ka.No.1504/A2/2014, dated 28.07.2014.

2. Learned counsel appearing for the petitioner submitted that when the petitioner along with two others came to this Court with writ petitions in W.P.Nos.13155, 13184 and 13196 of 2007 seeking mandamus directing the respondents therein to fix the seniority and notional increment of the petitioners on and from 03.01.2002, the date in which the petitioners secured the right of appointment to the post of Secondary Grade Teacher, this Court, by order dated 22.07.2011, allowed the said writ petitions in terms of the order already passed in W.P.No.13931 of 2009 dated 06.04.2011. The said order also has been partially implemented in favour of Mr.Rama/second petitioner and Mr.Kulandai Rossary Jegan/third petitioner whereas the same benefit has not been extended to the petitioner herein although he was the first petitioner in the said writ petitions. Therefore, a direction is sought for to consider the representation of the petitioner dated 11.12.2017.

3. Mr.P.Raja, learned Government Advocate appearing for the respondents requesting this Court to grant one week time to consider the representation of the petitioner, in the light of the order dated 22.07.2011 passed in W.P.Nos.13155, 13184 and 13196 of 2007, submitted that the order would be complied with.

4. Considering the submissions made by the learned counsel on either side, this Court directs the third respondent to consider and pass orders on the representation of the petitioner dated 11.12.2017, in the light of the earlier order passed in W.P.Nos.13155, 13184 and 13196 of 2007, within a period of one week from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands allowed. No costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To

1. The Director of Elementary Education, College Road, Chennai - 600 006.

2. The Chief Educational officer, Karur Chief Educational Office, Karur District - 602 001.

3. The District Elementary Education Officer, Karur District Elementary Education Office, Karur District - 602 001.

+1cc to Government Pleader in sr.no.21427 W.P. No.5436 of 2018 nr 05/04/2018