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Madras High CourtWP/23247/2014disposed of

P.Kuppusamy v. The State Of Tamil Nadu,

2017-10-31Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.23247 of 2014 P.Kuppusamy ..Petitioner Vs 1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.

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

3.The Chief Educational Officer, Krishnagiri District, Krishnagiri.

4.The District Educational Officer, Krishnagiri District, Krishnagiri.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to promote the petitioner to the post of High School Headmaster forthwith based on operation of the panel for the year 2014 and the promotion counselling conducted on 22.6.2014 and to issue the order of promotion to the post of Headmaster of Mittapalli.K Government High School, Krishnagiri District with all consequential and other attendant benefits, within a time frame.

For Petitioner : Mr.G.Sankaran For Respondents : Mr.R.Vijayakumar Additional Government Pleader

O R D E R

The relief sought for in this writ petition is for a direction to the respondents to promote the petitioner to the post of High School Headmaster forthwith based on operation of the panel for the year 2014 and the promotion counseling conducted on 22.6.2014 and to issue an order of promotion to the post of Headmaster of Mittapalli.K. Government High School, Krishnagiri District, with all consequential benefits and other attendant benefits

2. The learned counsel appearing for the writ petitioner made a submission that in view of the interim order granted in another writ petition in which the writ petitioner is not a party, the promotion of the writ petitioner was kept in abeyance. In view of the order passed in another writ petition, the writ petitioner was unable to join in the allotted post of Headmaster. However, the writ petitioner attained the age of superannuation and retired from service on 30.8.2014. In view of the retirement, the writ petitioner was unable to join in the promotional post of Headmaster. However, the learned counsel is of the view that the pensionary benefits can be extended to the petitioner. But, the fact remains that the writ petitioner has not joined in the promotional post and not worked.

3. Under these circumstances, the writ petitioner is permitted to submit a representation to the first respondent within a period of ten days from the date of receipt of a copy of this order and the first respondent is directed to consider the representation on merits and in accordance with law and pass orders, within a period of twelve weeks, thereafter.

4. Accordingly the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ms

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

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

3.The Chief Educational Officer, Krishnagiri District, Krishnagiri.

4.The District Educational Officer, Krishnagiri District, Krishnagiri.

+1cc to Mr.G.sankaran, Advocate SR.No.77148/17 +1cc to Government Pleader SR.No.77673/17 KGK(CO) SM:22.11.2017 W.P.No.23247 of 2014 1/2