Senthilkumar.C v. The Commissioner Of School Educational

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.3758 of 2022 C.Senthilkumar ... Petitioner vs.

1.The Commissioner of School Education, DPI Campus, College Road, Nungambakkam, Chennai - 600 006.

2.The District Educational Officer, Office of the District Educational Officer, Nagapattinam, Nagapattinam District.

3.The Block Educational Officer, Office of the Block Educational Officer, Kelvelur Union, Kelvelur.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to promote the petitioner as BT Assistant Maths in the 3rd respondent Union within a time frame fixed by this Court.

For Petitioner : Mr.L.Parvinbanu For Respondents: Mr.V.Nanmaran, Addl.Govt.Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents to promote the petitioner as BT Assistant (Maths) in the 3rd respondent Union, within a time frame fixed by this Court.

2. The case of the petitioner in brief:

The petitioner is a Secondary Grade Teacher and he is eligible to the post of BT Assistant (Maths) and his name was also included in the seniority panel as serial No.1, for the year 2021, as on 01.01.2021. However, transfer and promotion counseling was not conducted in the third respondent union to

the post of BT Assistant Maths. If the respondents have not given effect to the seniority list prepared for the year 2021 and 2022, the petitioner will lose his chance to get promotion. Hence, he made representation to the third respondent on 03.02.2022. But it was not considered by them. Hence this writ petition.

3. The learned Additional Government Pleader submitted that, the representation of the petitioner will be considered and appropriate orders will be passed, in accordance with law.

4. Inview of the above submissions and also considering the limited scope of prayer, without expressing any opinion on merits, this court is inclined to pass orders.

5. Accordingly, it is ordered as follows:

i) The second respondent is directed to consider the representation of the petitioner dated 03.02.2022, and pass orders on its own merits, in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

Sd/- Deputy Registrar(CS) //True copy// Sub Assistant Registrar mst To 1.The Commissioner, Department of School Education, DPI Campus, College Road, Nungambakkam, Chennai - 600 006.

2.The District Educational Officer, Office of the District Educational Officer Nagapattinam, Nagapattinam District.

3.The Block Educational Officer, Office of the Block Educational Officer, Kelvelur Union, Kelvelur.

+1cc to Mr.L.Parvinbanu, Advocate SR.No.12152 +1cc to Government Pleader SR.No.13085 W.P.No.3758 of 2022 PMK(CO) GMY(08/03/2022)