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Madras High CourtWP/21863/2008dismissed as infructuous

P.A. Ravi v. The Director Of Elementary

2021-07-22Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.NO.21863 OF 2008 & M.P.NO.2 OF 2008 1.P.A.Ravi 2.N.Veeraraghavan ... Petitioners .Vs.

1.

The Director of Elementary Education DPI Compound Chennai-600 006 2.

The District Elementary Educational Officer Nagapattinam 3.

The Asst. Elementary Educational Officer Vedaranyam Nagapattinam District 4.

S.Rajendran 5.

S.Dhanalakshmi 6.

T.Villavan Kokothai 7.

D.Balasubramanian 8.

A.Maria Stella 9.

P.Sekar ... Respondents PRAYER:

The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondents 2 and 3 containing the promotion panel of Elementary School Head Masters. Vedaranyam Union as on 01.01.2008 and to quash the same in so far as the respondents 4 to 9 are concerned and directing

the respondents 2 and 3 to fix the correct seniority of the said panel and give promotion as Elementary School Head Master to the eligible persons including the petitioner.

For Petitioner :

No Appearance For Respondents :

Mr.C.Selvaraj, Govt.Advocate for R1 to 3 Mr.Vediappan for Mr.S.Mani for R4,5,7 to 9 Mr.C.Prabhakaran for R6

O R D E R

Petitioners were appointed as Secondary Grade Teachers pursuant to selection made by the Teachers Recruitment Board. The petitioners and respondents got voluntary transfer to Vedaranyam Block. On the basis of date of joining to the transferred station, the seniority list was prepared in which the petitioners were shown as seniors. This was challenged by the respondents in W.P.Nos.18425 of 2007 and 20518 of 2007.

2. However, during the pendency of the writ petitions, the official respondents 1 and 2 have promoted the contesting respondents to the post of Head Master based on the date of completion of probation. It is stated that the petitioners have completed their probation later than the respondents. Therefore, the seniority list was revisited on the basis of approved probationer and the petitioners were shown below the respondents. However, the writ petitions mentioned above were dismissed as infructuous as the contesting respondents were promoted in the year 2008 itself.

3. The learned Government Advocate (Civil) would produce the proceedings of the District elementary Education Officer in Na.Ka.No.2316/A2/B4/2016 dated 07.08.2016 and Na.Ka.No.3276/ A3/2018 dated 17.06.2018, wherein the petitioners were given promotion to the post of Primary School Head Master.

4. Considering the proceedings submitted by the learned Government Advocate (Civil) this writ petition is dismissed as infructuous. If at all the petitioners still have any grievances, liberty is granted to them to reopen the writ petition.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

kpr To 1.

The Director of Elementary Education DPI Compound Chennai-600 006 2.

The District Elementary Educational Officer Nagapattinam 3.

The Asssitant Elementary Educational Officer Vedaranyam Nagapattinam District W.P.No.21863 of 2008 SJ(CO) CS/19/08/2021