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Madras High CourtWP/11996/2015disposed of

E.Francis Charles v. The State Of Tamilnadu

2015-04-24Honourable Mr Justice D. Hariparanthaman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.11996 of 2015 E.Francis Charles ... Petitioner Vs.

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

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

3. The Elementary Educational Officer, Coimbatore District, Coimbatore.

... Respondents * * * Prayer : Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the second respondent to pass appropriate orders on the Review Petition submitted by the petitioner dated 24.01.2015 to revise the order passed in Na.Ka.No.013332/I2/2014 dated 19.05.2014 and consequently direct the respondents to promote the petitioner as Assistant Elementary Educational Officer based on his eligibility and seniority by reckoning the service of the petitioner from the date of promotion as Middle School Headmaster on 16.08.2002, on part with juniors with consequential and other benefits within a time frame to be fixed by this Court.

* * * For Petitioner :

Mr.G.Sankaran For Respondents :

Mr.V.Jeyaprakash Narayanan Special Govt. Pleader

ORDER

The petitioner joined service as Secondary Grade Teacher in an Aided Middle School in Coimbatore District in 1996. He was promoted as Middle School Headmaster in the year 2002. The School was

taken over by the Government on 31.12.2012 and the petitioner was also absorbed as Middle School Headmaster.

2. The grievance of the petitioner is that the service rendered by him as Middle School Headmaster shall be taken into account for the purpose of considering him for promotion to the post of Assistant Elementary Educational Officer. His request was rejected by the order dated 19.05.2014 by the second respondent and he submitted an application dated 24.01.2015 to the second respondent to review the order. Now he filed this writ petition seeking for a direction to the second respondent to pass appropriate orders in the review application and consequently, to promote the petitioner as Assistant Elementary Educational Officer.

3. The learned counsel for the petitioner submitted that the petitioner would be satisfied if a direction is issued to the second respondent to pass appropriate orders on his review application on merits and in accordance with law.

4. Considering the limited prayer now made by the learned counsel for the petitioner, without expressing anything on merits, the second respondent is directed to consider the review application of the petitioner dated 24.01.2015 and pass appropriate orders therein on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To

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

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

3. The Elementary Educational Officer, Coimbatore District, Coimbatore.

+1 cc to Government Pleader,SR.22964 +1 cc to Mr.G.Sankaran, Advocate,SR.22736.

msm(co) krd 30/4 W.P.No.11996 of 2015