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Madras High CourtWP/5724/2021dismissed

M.Gavasakar v. The Director

2021-03-09Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.5724 of 2021 M.Gavaskar ... Petitioner Vs.

1.

The Director, Elementary Education Department, Directorate of School Education, DPI Compound, Chennai 600 006.

2.

The Chief Educational Officer, Office of the Chief Education Officer, Tirupur - 641 604.

3.

The District Educational Officer, Office of the District Educational Office, The Block Educational Officer, Tiruppur South Union, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the Respondents to promote the Petitioner from Secondary Grade Teacher to B.T. Assistant (Science) with effect from 18.06.2014 on par with other juniors with all attendant benefits within a stipulated period.

For Petitioner :

Mr.R.Ezhilarasan For Respondents :

Mr.P.Raja, Government Advocate

O R D E R

Petitioner has come up with this Writ Petition seeking a direction to the Respondents to promote him from Secondary Grade Teacher to B.T. Assistant (Science) with effect from 18.06.2014 on par with other juniors with all attendant benefits.

2.

Heard the learned counsel on either side and perused the material documents available on record.

3.

On a perusal of the typed set of papers, it is seen that, the Petitioner herein has approached this Court with the very same relief in W.P.No.32808 of 2019 and this Court, by a common order dated 22.11.2019, directed the Respondents 1 to 3 therein to consider the Petitioner's representation dated 14.06.2019 and pass orders on merits and in accordance with law within a period of twelve weeks. However, it is seen that, the Petitioner's request has been rejected by the 3rd Respondent vide proceedings dated 29.05.2020. Hence, in respect of his grievance, the Petitioner made a representation to the Respondents on 08.02.2021.

If the Petitioner is aggrieved by the proceedings dated 29.05.2020 passed by the 3rd Respondent, he ought to have challenged the same in the manner known to law. Without doing so, he has come up with this Writ Petition with the same prayer as in the earlier Writ Petition. Hence, this Writ Petition cannot be entertained. However, the Petitioner is at liberty to challenge the proceedings dated 29.05.2020 passed by the 3rd Respondent, if so advised.

In fine, this Writ Petition stands dismissed with the above observation. No costs. Consequently, connected W.M.P.No.6338 of 2021 is closed.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar (aeb) To:

1.

The Director, Elementary Education Department, Directorate of School Education, DPI Compound, Chennai 600 006.

2.

The Chief Educational Officer, Office of the Chief Education Officer, Tirupur - 641 604.

3.

The District Educational Officer, Office of the District Educational Office,

The Block Educational Officer, Tiruppur South Union, +1cc to the Government Pleader SR.15560 W.P.No.5724 of 2021 GPL(CO) CB(31/03/2021)