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Madras High CourtWP/2792/2022disposed of

R.Shanmugam v. The Chief Educational Officer

2022-02-11Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2022

CORAM

THE HON'BLE MR JUSTICE D. KRISHNAKUMAR W.P.No.2792 of 2022 and W.M.P No. 2945, 2946, 2947 of 2022

1. R.Shanmugam, S/o Ramasamy

2. M.Velmurugan, S/o Maruthai

3. T.Duraimurugan, S/o Thatha Konar

4. P.A.Jaya, W/o Ponnusamy

...Petitioners

Vs.

1. The Chief Educational Officer, Kallakurichi District, Kallakurichi.

2. The District Educational Officer, Ulundurpet Educational District, Kallakurichi District.

3. The Block Educational Officer, Ulundurpet Block, Villupuram District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to include the names of the petitioners in the panel for the year 2021 of Ulundurpet Union, Kallakurichi District for promotion to the post of Primary School Headmaster and to grant promotion to the petitioners to the post of Primary School, Headmaster by allowing the petitioners to participate in the promotion counselling, in consideration of representation submitted by the petitioners dated 04.01.2022. For Petitioner : Mr.G.Sankaran For Respondents : Mr.V.Nanmaran, Addl.Govt. Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents to include the names of the petitioners in the panel for the year 2021 of Ulundurpet Union, Kallakurichi District for promotion to the post of Primary School Headmaster and to grant promotion to the petitioners to the post of Primary School, Headmaster by allowing the

petitioners to participate in the promotion counselling, in consideration of representation submitted by the petitioners dated 04.01.2022.

2. The case of the petitioner in brief:

The petitioners are working as Secondary Grade Teacher in Ulundurpet Block, Kallakurichi District. They have relinquished their promotion to the post of Primary School Headmaster for the panel year 2018 and the same would be in operation only for three years viz., 2018, 2019 and 2020. Hence, they are entitled to be included in the Panel for promotion to the post of Primary School Headmaster for the year 2021. The panel for the promotion counselling is sought to be conducted only in the year 2022, based on the estimate of vacancies for both 2021 and 2022 panel, in which, the petitioners' names were not included. Hence, they gave representation to include their names in the panel and to grant promotion to the post of Primary School Headmaster. Now, the promotion counselling is sought to be conducted on 14.02.2022. If the petitioners' names are not included in the panel for promotion, they will be put to irreparable loss. Hence writ petition.

3. The learned counsel appearing for the petitioners submitted that, the respondents have not included the petitioners' names in the panel for the year 2021, on the premises that the petitioners submitted relinquishment for promotion on 01.05.2018, which would be in operation till 30.04.2021. According to him, since the panel as on 01.01.2018 was published in April 2018, the petitioners submitted relinquishment letter on 01.05.2018 and it would be operating only for three panel years. Therefore, the petitioners are entitled to be included in the panel for promotion. To support his contentions, he has also relied upon the orders passed by this court in W.P.No.40607 and 40608 of 2016 dated 24.11.2016 and in W.P.Nos.13829 and 14683 of 2017 dated 01.09.2017. He further submitted that since the promotion counselling is scheduled to be conducted on 14.02.2022, the representations of the petitioners may be considered by the respondents.

4. The learned Additional Government Pleader, appearing for the respondents submitted that, the petitioners' representation will be considered by the first respondent and appropriate orders will be passed, in accordance with law.

5. In view of the above submissions and also taking into account the urgency of the matter, it is ordered as follows. i] The first respondent is directed to consider the representations of the petitioners dated 04.01.2022, and pass orders on its own merits, in accordance with law, on or before 12.02.2022.

6. With the above direction, this writ petition is disposed of.

No costs.

Consequently, connected writ miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Mst To

1. The Chief Educational Officer, Kallakurichi District, Kallakurichi.

2. The District Educational Officer, Ulundurpet Educational District, Kallakurichi District.

3. The Block Educational Officer, Ulundurpet Block, Villupuram District.

+1cc to Government Pleader, Sr.No.9561(14/03/2022) W.P.No.2792 of 2022 and W.M.P No. 2946, 2947 of 2022 SSV(CO) KKV/11/02/2022