D.Sasikumar, v. The Director Of School
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2016
CORAM:
THE HON'BLE MR. JUSTICE T.RAJA W.P.No.15175 of 2016 D.Sasikumar ... Petitioner Vs
1. The Director of School Education,
2. The Joint Director of School Education (Personnel),
3. The Chief Educational Officer, Thiruvallur District, Thiruvallur.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the second respondent to consider the proposal forwarded by the third respondent in proceedings Na.Ka.No.9871/A1/2015, dated 15.12.2015 for granting retrospective promotion to the petitioner in the post of Assistant on par with his junior.
For petitioner : Mr.S.M.Subramaniam For Respondents : Mr.R.Vijayakumar, Additional Government Pleader
O R D E R
By way of filing this writ petition, the petitioner seeks a direction to the second respondent to consider the proposal forwarded by the third respondent vide his proceedings dated 15.12.2015 for granting retrospective promotion to the petitioner in the post of Assistant on par with his junior.
2. The petitioner was initially appointed as Junior Assistant on compassionate ground on 11.09.1998 and at present, he is working as P.G. Assistant (History) in Government Higher Secondary School, Thiruvallur district. Now, the only grievance of the petitioner is that one Mr.L.K.Murugan, who is immediate junior of the petitioner and was also appointed on compassionate ground as Junior Assistant on 21.06.1999, was promoted as Assistant with effect from 15.03.2002.
Thus, he made representations dated 06.05.2010 and 06.11.2015 before the respondents requesting to give promotion to the post of Assistant on par with his immediate junior Mr.L.K.Murugan. Thereafter, though the third respondent has recommended his case and forwarded the same to the second respondent vide his proceedings dated 15.12.2015, the said authority has not passed any orders. Thus, the present writ petition with a prayer cited supra.
3. Mr.R.Vijayakumar, learned Additional Government Pleader, takes notice for the respondents.
4. Considering the fact that the representations dated 06.05.2010 and 06.11.2015 of the petitioner requesting to give promotion on par with his junior one Mr.L.K.Murgan was already recommended and forwarded by the third respondent vide his proceedings dated 15.12.2015 to the second respondent, this Court directs the second respondent to consider such proposal sent by the third respondent on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. With this direction, the writ petition stands disposed of. No Costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rkm To
1. The Director of School Education,
2. The Joint Director of School Education (Personnel),
3. The Chief Educational Officer, Thiruvallur District, Thiruvallur.
+1cc to Mr.S.M.Subramaniam, Advocate, S.R.No.25712 +1cc to the Government Pleader, S.R.No.25829 W.P.No.15175 of 2016 KS(CO) CA(09/05/2016)