S.Swamikannu v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 6084 of 2020
1. S.Swamikannu
2. V.Ramkumar
3. P.K.Bhaskaran
4. C.Sankar
5. K.Sumathi
6. E.Vijayalakshmi
7. L.Gurusamy
8. P.Meenakshi
9. V.Balamurugan
10. T.Muruganandam
11. V.Muthukumaran
12. R.Saritha
13. S.Prabhu
14. M.K.Saravanan 1/5
15. R.Vinayagam
16. K.Gayathri
17. T.Mohanarangam ... Petitioners -vs1. State of Tamil Nadu, Rep. by its Secretary, Higher Secondary Education Department, Fort St. George, Chennai - 600 009.
2. The Director of School Education, DPI Campus, College Road, Chennai - 600 009.
3. The Joint Director (Personnel), DPI Campus, College Road, Chennai - 600 009.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus directing the Respondents herein to include the name of the Petitioners in the panel for promotion to the post of Higher Secondary Headmaster pursuant to the proceedings of the Second Respondent herein in Na. Ka. No. 3720/W1/E1/2019 dated 16.11.2019 and any date thereafter by counting the services of the Petitioners with effect from the initial dates of appointment instead of 01.06.2006 by regularizing the services of the Petitioners from the initial date of appointment for purposes of seniority alone with consequential service benefits.
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For Petitioners :
Ms. R.Pavithra For Respondents :
Mr. B.Vijay, Additional Government Pleader
O R D E R
Heard Ms. R.Pavithra, Learned Counsel for the Petitioner and Mr. B.Vijay, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2.
The Petitioners have sought for direction to the Respondents to include their names in the panel for promotion to the post of Higher Secondary Headmaster pursuant to the Proceedings in Na. Ka. No. 3720/W1/E1/2019 dated 16.11.2019 of the Second Respondent by counting their service with effect from their initial dates of appointment instead of 01.06.2006 with consequential benefits.
3.
It has been brought to notice that in respect of persons similarly placed to the Petitioners, the Division Bench of this Court in Secretary, Government of Tamil Nadu, School Education Department, Chennai -vs- C.Murugan (Order 3/5
dated 01.06.2021 in W.A. (MD) No. 299 of 2020 etc., batch) has rejected such claim. In such circumstances, it would not be possible to grant the relief sought by the Petitioners in this Writ Petition.
4.
In the result, the Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.
13.03.2023 vjt Index: Yes/No Note: Issue order copy by 06.10.2023.
To
1. The Secretary to Government of Tamil Nadu, Higher Secondary Education Department, Fort St. George, Chennai - 600 009.
2. The Director of School Education, DPI Campus, College Road, Chennai - 600 009.
3. The Joint Director (Personnel), DPI Campus, College Road, Chennai - 600 009.
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P.D. AUDIKESAVALU, J.
vjt 13.03.2023 5/5