T.Esudasan v. The Director Of School Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH & WMP.No.9328 of 2023 T.Esudasan

...Petitioner

Vs.

1.The Director of School Education, DPI Buildings, College Road, Chennai-600 006.

2.The Chief Educational Officer, Vellore District.

3.The District Educational Officer, Vellore District.

4.The Correspondent, Concordia High School, Pernambut-635 810.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to extend the service of the petitioner as Headmaster of the fourth respondent School, till the end of the current academic year i.e., from 01.04.2023 to 31.05.2023, by considering his representation dated 11.03.2023.

For Petitioner : Mr.S.N.Ravichandran For Respondent : Mr.P.Sanjay Gandhi, GA Nos.1 to 3 1/4

O R D E R

The limited prayer sought for in the present Writ Petition is for a Writ of Mandamus, directing the second respondent to extend the service of the petitioner as Headmaster of the fourth respondent School, till the end of the current academic year i.e., from 01.04.2023 to 31.05.2023, by considering his representation dated 11.03.2023, as the petitioner was due to retire on 31.03.2023.

2. Apparently, the prayer sought for in the present Writ Petition has become infructuous as on date. At this juncture, the learned counsel for the petitioner submitted that, by virtue of the interim orders of this Court dated 28.03.2023, the petitioner had continued in service till the public examination. Such a statement is objected by the learned Government Advocate, who on instructions submitted that the petitioner was relieved from service on 31.03.2023. This Court in exercise of its power under Article 226 of the Constitution of India will not delve upon such disputed facts. In case, the petitioner had worked after 31.03.2023, liberty is granted to him to make a representation seeking for his benefits on the attended duty period and on receipt of the same, the respondents herein shall consider the same on its own merits and pass 2/4

appropriate orders in accordance with law, within a period of four weeks from the date of such representation. Accordingly, the Writ Petition stands closed with the above liberty. Consequently, the connected Miscellaneous Petition is also closed. There shall be no order as to costs.

08.06.2023 Index:Yes/No Order :Speaking /Non-speaking DP To 1.The Director of School Education, DPI Buildings, College Road, Chennai-600 006.

2.The Chief Educational Officer, Vellore District.

3.The District Educational Officer, Vellore District.

3/4

M.S.RAMESH,J.

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