K.Selvaraj v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH K.Selvaraj ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.

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

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

4.The Joint Director of Higher Secondary Education, Office of the Director of School Education, DPI Campus, College Road, Chennai - 600 006.

5.The Chief Educational Officer, Erode District, Erode.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India 1/4

praying to issue a Writ of Mandamus, directing the 2nd respondent to decide the Appeal Petition of the petitioner dated 03.03.2020 on merits as per the orders of this Court dated 01.07.2022 made in W.P. No.16707 of 2022. For Petitioner : Mr.T. Dhanasekaran For Respondents : Mr.E. Sundaram, Government Advocate

ORDER

With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The limited prayer sought for in this Writ Petition is for a direction to the second respondent herein, to dispose of the appeal preferred by the petitioner dated 03.03.2020, within a stipulated time.

3. It is needless to point out that whenever a statutory appeal is preferred before the Appellate Authority, there is a duty cast on them to dispose of the appeal expeditiously. Non-compliance of such a responsibility would amount to dereliction of duties and this Court would be justified in directing the authority to dispose of the appeal within a 2/4

stipulated time, in exercise of its powers under Article 226 of Constitution of India.

4. In the light of the above observations, there shall be a direction to the second respondent herein, to dispose of the petitioner's Appeal Petition dated 03.03.2020, if not already disposed of, on its own merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands ordered. No costs.

21.02.2023 Speaking/Non-speaking Order Internet: Yes/No Index: Yes/No Sni 3/4

M.S.RAMESH,J.

Sni To 1.The Principal Secretary to Government of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.

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

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

4.The Joint Director of Higher Secondary Education, Office of the Director of School Education, DPI Campus, College Road, Chennai - 600 006.

5.The Chief Educational Officer, Erode District, Erode.

21.02.2023 4/4