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Madras High CourtWP/13294/2017disposed of

S. Vinitta Carolin v. The Director Of Elementary

2017-05-24Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.05.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.13294 of 2017 and W.M.P.No.14296 of 2017 S.Vinitta Carolin .. Petitioner Vs 1.

The Director of Elementary Education DPI Complex, College Road, Chennai - 600 006.

2.

The District Elementary Education Officer *Tiruvarur District *Tiruvarur .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the 2nd respondent to promote petitioner to the post of BT Asst (English), Primary School, Karupatti Moolai, Kottur Union, Thiruvarur District by considering petitioner's representation dated 28.04.2017.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.R.Rajeswaran Special Government Pleader

O R D E R

This writ petition has been filed to direct the second respondent to promote the petitioner to the post of BT Assistant (English) in Primary School, Karupatti Moolai, Kottur Union, Thiruvarur District, by considering the petitioner's representation dated 28.04.2017.

2.The petitioner joined service as Secondary Grade Teacher on 03.03.2008. Now, the petitioner is working as Secondary Grade Teacher at Primary School, Karupatti Moolai, Kottur Union, Thiruvarur District. Seniority list for the post of BT Assistant was drawn on 01.01.2016. In the said list the petitioner was placed in the third position.

3.According to the petitioner, since, the person now placed as BT Assistant (English) in the said School has been placed under suspension, and the post is kept vacant, she may be considered for the said post. In this regard, she has made a representation to the first respondent on 06.03.2017. But so far, no order has been passed by the first respondent on the same. Hence, according to the petitioner, the first respondent may be directed to consider and pass orders on the representation of the petitioner dated 06.03.2017. 4.Mr.R.Rajeswaran, learned Special Government Pleader takes notice for the respondents 1 & 2.

5.Heard both sides.

6.Considering the facts and circumstances of the case, without expressing any opinion as to the merits of the contentions raised by the petitioner in this writ petition, the writ petition is disposed of directing the first respondent to consider the representation of the petitioner dated 06.03.2017 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) *Corrected as per order of this court dated 23.06.2017 made in WMP.No.17274/17 in WP.No.13294/17 -s/dAssistant Registrar(CS-VIII) dt:27/06/2017 //True Copy// Sub Assistant Registrar jbm/jer To 1.

The Director of Elementary Education To be Substituted to DPI Complex, the order already College Road, despatched on 21/6/17 Chennai - 600 006.

2.

The District Elementary Education Officer *Tiruvarur District *Tiruvarur

+1 CC to Mr.R. Jayaprakash, Advocate sr *44589 W.P.No.13294 of 2017 PA(CO) sp/13/6 aa27/06/2017