R.Sathyabama v. The Joint Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.05.2015 CORAM :

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN W.P.No.14900 of 2015 and M.P.No.1 of 2015 R.Sathyabama ... Petitioner Vs

1. The Joint Director of School Education, (Establishment), College Road, Chennai.

2. The Chief Educational Officer, Villupuram District, Villupuram.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondent to declare clause 6 of the order of the 2nd respondent in his Proc.Na.Ka.No.17413/A3/2014 dated 23.12.14 as unconstitutional and ultravires and consequently direct the respondents to consider the petitioner for promotion to the post of PG Assistant - High School Headmistress on the basis of her existing qualifications and seniority.

For Petitioner : Mr.M.Rajamani For Respondents : Mr.M.S.Ramesh Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The writ petition is filed by the petitioner seeking writ of mandamus to direct the the respondents to declare clause 6 of the order of the 2nd respondent in his Proc.Na.Ka.No.17413/A3/2014 dated 23.12.14 as unconstitutional and ultravires and consequently direct the respondents to consider the petitioner for promotion to the https://hcservices.ecourts.gov.in/hcservices/

post of PG Assistant - High School Headmistress on the basis of her existing qualifications and seniority.

3.The petitioner, who was selected to the post of Block Resource Teacher (BRT) by direct recruitment by order dated 15.07.2002, was posted as B.T. Assistant on 04.10.2002. Having served for more than 13 years as B.T. Assistant, the claim of the petitioner is that she is entitled for promotion as P.G.Assistant/Headmistress on the basis of her qualifications and seniority. Pointing out the proceedings dated 23.12.2014 of the CEO, Villupuram, the 2nd respondent herein, the petitioner submitted a representation dated 29.04.2015 to the first respondent for passing appropriate orders expressing her grievance to consider her for promotion to the post of P.G. Assistant/Headmistress. The said representation not being considered so far, the petitioner seeks the indulgence of this Court for appropriate direction to the authorities.

4.Considering the above, the first respondent is directed to consider the representation of the petitioner dated 29.04.2015 on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order. 5.With the above direction, the writ petition is disposed of. No costs. Consequently, M.P.No.1 of 2015 is closed. Sd/- Assistant Registrar(ADM II)/ Vacation Officer //True Copy// sra Sub Assistant Registrar To

1. The Joint Director of School Education, (Establishment), College Road, Chennai.

2. The Chief Educational Officer, Villupuram District, Villupuram.

+1cc to M/s.Sri Vidhya, Advocate, S.R.No.25361 W.P.No.14900 of 2015 KSI(CO) CA(28/05/2015) https://hcservices.ecourts.gov.in/hcservices/