V.Sakthivel Pandian v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2019

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.3253 of 2019 and W.M.P.No.3512 of 2019 V.Sakthivel Pandian ... Petitioner Vs 1.State of Tamil Nadu, Rep. by the Secretary to Government, Department of School Education, Fort. St.George, Chennai - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Joint Director of School Education ( Secondary Education ) College Road, Chennai - 600 006.

4. The Joint Director of School Education ( Vocational Education ) College Road, Chennai - 600 006.

5. The Chief Educational Officer Egmore Chennai - 600 008.

6. The District Educational Officer (Chennai - West) College Road Chennai - 600 006.

7.Sir M.Ct.Muthaih Chettiar Boys Higher Secondary School, No.23, Raja Annamalai School, Purasawalkam, Chennai - 600 084.

Rep. By the Secretary of School Committee

8. Mr.Tarun Ghai, Secretary of School Committee, Sir M.Ct. Muthaih Chettiar Boys Higher Secondary School, No.23, Raja Annamalai Road, Purasawalkam, Chennai - 600 084.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to dispose the petitioner's appeal dated 19.12.2018, filed against the order passed by the 5th respondent in Ne.Mu.No.678/E4/2018 dated 17.12.2018 and the proceedings of the 7th respondent dated 18.12.2018.

For Petitioner : M/s.V.S.Manimegalai For Respondents : Mr.A.Rajaperumal Additional Government Pleader for R1 to R6

O R D E R

The grievances of the writ petitioner is that the appeal filed by the writ petitioner to the 3rd respondent, challenging the passed by the 5th respondent, imposing the punishment of compulsory retirement is yet to be disposed of.

2. Though the appeal was filed on 19.12.2018, the same has not been taken up for hearing and in view of the fact that, the major penalty of compulsory retirement was imposed on the writ petitioner, the writ petitioner is unable to lead his livelihood. Under these circumstances, the writ petitioner is constrained to move the present writ petition.

3. Considering the pleadings set out in the present writ petition, the 3rd respondent/The Joint Director of School Education ( Secondary Education ) is directed to consider the appeal filed by the writ petitioner on 19.12.2018 and pass orders on merits and in accordance with law and by affording an opportunity to all the parties concerned within a period of 12 weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the representation

and other relevant documents, if any along with the orders passed in the writ petition.

4. With these observations, the present writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kak/kmm To 1.The Secretary to Government State of Tamil Nadu, Department of School Education, Fort. St.George, Chennai - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Joint Director of School Education (Secondary Education) College Road, Chennai - 600 006.

4. The Joint Director of School Education (Vocational Education) College Road, Chennai - 600 006.

5. The Chief Educational Officer Egmore, Chennai - 600 008.

6. The District Educational Officer (Chennai - West) College Road, Chennai - 600 006.

+1 cc to The Government Pleader, Sr.No.10744 +1 cc to Mr.D.Jayasingh, Advocate Sr.No.9442 W.P.No.3253 of 2019 RSI(CO) CSL/06.03.2019