M.V.Vasudevan v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :18-02-2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4509 of 2019 And W.M.P.No.5087 of 2019 1.M.V.Vasudevan 2.M.Murugan 3.C.Balaji 4.K.Suresh 5.M.Muniyappan 6.K.Kaveri 7.T.Balamurugan 8.C.Pachiappan 9.G.Arockiam 10.M.Sivaprakasam
...Petitioners
- Vs. - 1.The Secretary to Government, Education Department, Fort St. George, Chennai-600 009.
2.The Director of School Education, D.P.I. Campus, College Road, Chennai-600 006.
3.The Chief Educational Officer, Dharmapuri District, Dharmapuri.
4.The District Educational Officer, Dharmapuri, Dharmapuri District.
.. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to re-fix the seniority list of Post Graduate Assistants to the promotion post of Headmaster/Headmistress based on the date of appointment of the petitioners and to fix them in an appropriate places based on the representation of the petitioners dated 25.10.2018 forthwith. For Petitioners : Mr.C.Prabakaran For Respondents : Mr.A.Raja Perumal, Additional Government Pleader.
O R D E R
The relief sought for by the writ petitioners in the present writ petition is for a direction to direct the respondents to re-fix the seniority list of Post Graduate Assistants to the promotion post of Headmaster/Headmistress based on the date of appointment of the writ petitioners and to fix them in an appropriate places based on the representation of the writ petitioners submitted on 25.10.2018.
2. Though the relief sought for in the present writ petition is large in nature, the learned counsel, appearing on behalf of the writ petitioners, now confines the prayer by stating that it is suffice to direct the respondents to consider the representation submitted by the writ petitioners in this regard.
3. The fixation of seniority and the grant of promotion are to be undertaken by the competent authorities strictly in accordance with the Rules in fore and by following the procedures contemplated. All the eligible persons are to be considered with reference to the Rules in force.
4. At the time of preparing the panel and while preparing the seniority list, the Rules, in this regard, are to be followed scrupulously.
5. Under these circumstances, without going into the merits of the matter, the second respondent is directed to consider the representation submitted by the writ petitioners on 25.10.2018 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioners are directed to enclose the copy of the representation and all other relevant documents, if any, along with the order passed in this writ petition.
6. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Svn Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Education Department, Fort St. George, Chennai-600 009.
2.The Director of School Education, D.P.I. Campus, College Road, Chennai-600 006.
3.The Chief Educational Officer, Dharmapuri District, Dharmapuri.
4.The District Educational Officer, Dharmapuri, Dharmapuri District.
+1cc to Mr.C. Prabakaran, Advocate, S.R.No.14935/18 +1cc to the Government Pleader, S.R.No.15572 W.P.No.4509 of 2019 Kak(15/03/2019)