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Madras High CourtWP/7002/2023disposed of

M.Ravichandran v. The Principal Secretary To Government

2023-03-09Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

1. M.Ravichandran

2. M.Manimaran

3. S.Gnanasekar

4. R.Prabudas ... Petitioners -vs1. The Principal Secretary to Government, Department of School Education, Secretariat, Chennai - 09.

2. The Commissioner of School Education, O/o. the Commissioner of School Education, DPI Campus, College Road, Chennai - 06.

3. The Joint Director of School Education (HSS), O/o. the Joint Director of School Education (HSS), Dr.MGR New Building, DPI Campus, College Road, Chennai - 06.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to 1/5

consider and orders on the representation dated 13.07.2022 made by the First Petitioner herein with relate to the anomaly prevailing in the procedure for promotion of Higher Secondary School Headmasters under the School Education Department of Tamil Nadu.

For Petitioners :

Mr. K.Thilageswaran For Respondents :

Mrs. R.Anitha, Special Government Pleader

O R D E R

Heard Mr. K.Thilageswaran, Learned Counsel for the Petitioners and Mrs. R.Anitha, Learned Special Government Pleader, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioners is that the Petitioners had made the representations dated 13.07.2022, 14.07.2022, 03.10.2022 and 13.12.2022 to the Respondents with regard to the anomaly prevailing in the procedure for promotion of Higher Secondary School Headmasters under the School Education Department of Tamil Nadu, but as it did not invoke any response, they have filed this Writ Petition. 2/5

3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioners, passes the following order:- (i) the concerned authority shall immediately examine the representations dated 13.07.2022, 14.07.2022, 03.10.2022 and 13.12.2022 made by the Petitioners including ascertaining as to whether the Petitioners would be entitled for the relief claimed;

(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioners requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioners and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; and (v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

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4.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

09.03.2023 kv Index: Yes/No Note: Issue order copy by 01.06.2023.

To

1. The Principal Secretary to Government, Department of School Education, Secretariat, Chennai - 09.

2. The Commissioner of School Education, O/o. the Commissioner of School Education, DPI Campus, College Road, Chennai - 06.

3. The Joint Director of School Education (HSS), O/o. the Joint Director of School Education (HSS), Dr.MGR New Building, DPI Campus, College Road, Chennai - 06.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

kv Dated : 09.03.2023 5/5