K.David Mano v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.7091 of 2020 and WMP.No.8442 of 2020 (Through Video Conferencing) 1.K.David Mano 2.T.Nakkeeran 3.M.Kamaraj 4.K.Thangarasu 5.S.Tamilvel 6.P.Sankar 7.K.Sivaraman ... Petitioners Vs

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

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Joint Director of School Education, College Road, Chennai - 600 009.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the 1st respondent to promote the petitioners as Higher Secondary School Headmasters based on the panel prepared by the 2nd respondent having Ref.No.Na.Ka.No.3720/W1/E1/2019, dated 16.11.2019 in accordance with law within a time frame to be fixed by this Hon'ble Court. For Petitioner :

Mrs.Nalini Chidambaram SC for Mrs.C.Uma For Respondents :

Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

This writ petition has been filed for a Mandamus to promote the Petitioners as Higher Secondary School Headmasters based on the panel dated 16.11.2019 bearing Ref.No.Na.Ka.No.3720/W1/ E1/2019 within a time frame.

2. Appearing on behalf of the petitioners, the learned Senior Counsel submits that the second respondent has admitted in the counter in which it is stated that because of various litigations pending before this Court as well as its Madurai Bench of Madras High Court and interim orders obtained by the petitioners/respondents in such litigations the official respondents are not in a position to implement the panel prepared by the 2nd respondent in Na.Ka.No.3720/w1/s1/2019 dated 16.11.2019. Learned Senior Counsel further submitted that the non-implementation of the panel issued by the 2nd respondent Na.Ka.No.3720/w1/s1/2019 dated 16.11.2019 is only because of the aforesaid genuine reasons and further action will be proceeded upon the above said panel as soon as the finality is arrived in the above said litigations.

3. Further, the learned Senior Counsel stated that W.A.(MD). Nos.299 & 300 of 2020 is now being disposed by the Division Bench of Madurai Bench of this Court by its order dated 01.06.2021.

4. The learned Government Advocate for the respondents also confirms the same.

5. The first respondent is therefore directed to implement the order passed by the 2nd respondent dated 16.11.2019, within a period of three months from the date of receipt of copy of this order.

6. This Writ Petition stands allowed with the above observation. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar drl

To

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

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Joint Director of School Education, College Road, Chennai - 600 009.

+1cc to Mrs.C.Uma, Advocate, S.R.No.49585 W.P.No.7091 of 2020 KJ(CO) CS/27/10/2021