V.Ganesan v. The Chief Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2018 CORAM :

THE HON'BLE Mr.JUSTICE S.M.SUBRAMANIAM W.P.No.7390 of 2007 (O.A.No.5349 of 2002) V.Ganesan ... Petitioner Vs.

1. The Chief Educational Officer Karur.

2. The District Elementary Educational Officer Karur.

3. The Assistant Elementary Educational Officer Karur.

... Respondents Prayer : This petition came to be numbered by transfer of O.A.No.5349 of 2002 from the file of the Tamil Nadu Administrative Tribunal, prayer for a Writ of Certiorarified Mandamus, to call for the records on the file 2nd respondent in connection with the order of reversion passed by him in his Proc.Na.Ka.No.2352/A/2001 dated 13.09.2002 and quash the same to the extent of the applicant only and direct the respondents to regularize the service of the applicant in the post of Secondary Grade Teacher with effect from the date of initial appointment i.e. 14.03.1981 and confer all monetary and service benefits consequently.

For Petitioner :

Mr.R.Singaravelan Senior Counsel for Mr.P.Brinda For Respondents:

Mr.E.Manoharan Additional Government Pleader

O R D E R

The learned Senior Counsel appearing on behalf of the petitioner made a submission that the writ petitioner was already retired from service on attaining the age of superannuation.

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2.However, the learned Senior Counsel appearing on behalf of the petitioner is of the opinion that the writ petitioner made a representation dated 16.02.2001 before the third respondent and the same has not considered by the respondents, which caused the writ petitioner to move this writ petition.

3.Further, it is submitted that if at all the representation was considered during the appropriate time, the writ petitioner would not have been reverted to the lower post. Now after retirement in the event of considering the same, the writ petitioner will be eligible to get certain monetary benefits. 4.Be that as it may, this Court is of the opinion that the grounds raised in the writ petition deserves to be considered on merits. Thus, without going into the merits of the matter the third respondent is directed to consider the representation dated 16.02.2001 submitted by the writ petitioner and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5.The writ petitioner is directed to enclose a copy of the representation dated 16.02.2001 and documents, if any, along with the orders passed by this court in the writ petition. Accordingly, the writ petition stands disposed of. However, there is no order as to costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar maya To

1. The Chief Educational Officer Karur.

2. The District Elementary Educational Officer Karur.

3. The Assistant Elementary Educational Officer Karur.

+ 1 cc to Mr. P. Brinda, Advocate Sr.4380 + 1 cc to Mr.Government Pleader SR.4854 W.P.No.7390 of 2007 SV(CO) EU(16/02/2018) https://hcservices.ecourts.gov.in/hcservices/