A.Dhayanithi v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-03-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA A.Dhayanithi 2/38, Vishnu Priya Nagar Gandhinagar Post Vellore - 632 006.
..Petitioner(s) Vs
1. The Secretary to Government Dept. of School Education Secretariat, Fort St. George Chennai 600 009.
2. The Director of School Education, College Road, Chennai - 600 006.
..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider and pass the final order in respect of the petitioner's II Appeal dated 30/03/2025 sent per Registered Letter post within a specified time frame as may be fixed by this Court.
For Petitioner:
Mr. R.Krishnasamy For Respondents:
Ms.Mythreye Chandru Special Government Pleader for R1 & R2
ORDER
The writ petition has been filed seeking a mandamus to the first respondent to consider and pass final orders in respect of the petitioner's appeal dated 30.03.2025.
2. The case of the petitioner is that he had joined the services of School Education as B.T.Assistant on 28.01.1998 and was removed from service 15.06.2012. He is now 60 years old. Challenging his punishment, the petitioner had preferred an appeal before the Appellate Authority, the 2nd respondent herein on 13.07.2012. Since, the same was dismissed vide his proceedings dated 02.05.2013, the petitioner preferred another appeal for the second time on 24.05.2013 and this was also dismissed on 12.12.2014. Aggrieved by the dismissal of both the appeals, the petitioner has filed W.P.No.18485 of 2015 and this Court had allowed the writ petition directing the respondents to reinstate him into service.
3. Aggrieved by the same, the respondents filed an appeal in W.A.No.1467 of 2022, which came to be disposed on 02.07.2024, by setting aside the impugned appellate orders dated 02.05.2013 and 24.05.2013, and remitted the matter to the second respondent, the Director of School Education, for
passing fresh orders. Thereafter, the second respondent has issued the proceedings dated 24.01.2025, to which the petitioner had submitted his objection vide representation dated 01.02.2025. Vide his proceedings dated 28.02.2025, the second respondent had rejected the appeal filed by the petitioner, thereby confirming the punishment of removal from service, imposed on the petitioner. Therefore, the undeterred petitioner preferred an appeal before the first respondent on 30.03.2025 and the same has been pending on its file till date.
4. The grievance of the petitioner is that the appellate authority, the second respondent herein, without application of mind, had mechanically dismissed the appeal submitted by him, only by relying on the final decision of the disciplinary authority and had not considered the representation / submission of the petitioner. Hence, the petitioner was forced to file yet another appeal on 30.03.2025 before the first respondent, and the same was not considered to date. Hence, he seeks leave of this Court to direct the first respondent to consider and pass orders on the appeal dated 30.03.2025 filed by him.
5. Heard the learned counsel on either side and also perused the materials placed before this Court.
6. Considering the limited scope of prayer sought for by the petitioner, this Court, without going into the merits of the case, directs the first respondent to consider the appeal submitted by the petitioner, in accordance with law, and dispose of the same within a period of one month from the date of receipt of a copy of this order.
7. With the above directions, the writ petition is disposed of. No costs. 03-03-2026 Index: Yes/No Speaking/Non-speaking order DS To:
1. The Secretary to Government Dept. of School Education Secretariat, Fort St. George Chennai 600 009.
2. The Director of School Education, College Road, Chennai - 600 006.
P.T.ASHA, J.
DS 03-03-2026