S. Rajeswari v. The Director Of Elementary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2019

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.26839 of 2008 and M.P.Nos.1 and 2 of 2008 S.Rajeswari ... Petitioner Vs 1.The Director of Elementary Education, College Road, Chennai - 600 006.

2.The District Educational Officer, (Elementary School), Namakkal - 1.

3.The Assistant Elementary Educational Officer, Paramathi, Namakkal District.

4.S.Ravichandran (Tamil Teacher), Panchayat Union Middle School, Vavipalayam, Paramathivallur Taluk, Namakkal District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified of Mandamus calling upon the production of the records relating to the proceedings dated 14.06.2008 made in Na.Ka.No.1660/A2/2008 passed by the 2nd respondent herein, quash the same and direct the respondents to promote the petitioner as Graduate Teacher (Tamil) in any of the schools under the Jurisdiction of the respondents 1 to 3 with effect from 14.06.2008. For Petitioner : Mr.S.Senthilnathan For R1 to R3 : Mr.P.Raja For R4 : Mr.M.Duraisamy

ORDER

The petitioner has come up with this writ petition, to quash the order dated 14.06.2008 passed by the second respondent, whereby, the fourth respondent was promoted as Graduate Teacher (Tamil). A consequential relief has also been sought by the petitioner, seeking a direction to the respondents to promote the petitioner as Graduate Teacher (Tamil) in any one of the schools under the Jurisdiction of the respondents 1 to 3, with effect from 14.06.2008.

2.Today, when the matter was taken up for consideration, the learned counsel for the respondents reported that the first part of the prayer made in this writ petition, has become infructuous and hence, nothing survives for adjudication. 3.At this juncture, the learned counsel for the petitioner, by way of reply, submitted that the respondents may be directed to consider the consequential relief sought for by the petitioner, for which, the learned counsel appearing for the respondents 1 to 3 has no serious objection.

4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondent authorities to consider the claim of the petitioner seeking promotion as Graduate Teacher (Tamil) and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar jas/rk To 1.The Director of Elementary Education, College Road, Chennai - 600 006.

2.The District Educational Officer, (Elementary School), Namakkal - 1.

3.The Assistant Elementary Educational Officer, Paramathi, Namakkal District.

+1 CC to Mr.S.Senthilnathan, Advocate sr 1979. +1 CC to Mr.M.NArayanaswamy, Advocate sr 2385. +1 CC to Govt. Pleader sr 2979.

WP.No.26839 of 2008 BR(CO) SP(22/04/2019)