Madras High CourtWP/9935/2024disposed of

P.Kavibharath v. The Secretary To Government

2024-04-12Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Kavibharathi .. Petitioner

Versus

1. The Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2. The Director of School Education, Perasiyar Anbazhagan Valagam, Chennai - 600 006.

3. The Chief Educational Officer, Cuddalore District, Cuddalore - 607 001.

4. The District Educational Officer (Secondary), Virudhachalam - 606 001, Cuddalore District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representation, dated 02.02.2024 and to revise the petitioner's appointment to the post of Junior Assistant or any other post 1/5

equivalent to the same from the date of petitioner's appointment i.e., 26.12.2016 based on the petitioner's educational qualifications. For Petitioner : Mr.P.Sathyanathan For Respondents : Mrs.S.Mythreye Chandru, Special Government Pleader

ORDER

This Writ Petition is filed seeking for a direction to the respondents 1 to 4 to consider the petitioner's representation, dated 02.02.2024 and to revise his appointment to the post of Junior Assistant or any other post equivalent to the same from the date of his appointment i.e., 26.12.2016 based on his educational qualifications.

2. The petitioner was appointed on 26.12.2016 on compassionate basis. The petitioner had thereafter made a representation on 02.02.2024 stating that at the time of appointment, the petitioner had possessed B.A. Degree and therefore, he is requesting that the respondents to review the initial order on compassionate basis and to grant him appointment in the post of Junior Assistant.

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3. I am of the considered view that the petitioner has got no such right and it is for the respondents to grant compassionate appointment in any suitable post and the petitioner having accepted and joined the post, cannot now once again request for revision of the appointment as Junior Assistant. Since the petitioner has got no legal right, the prayer to consider his representation cannot be countenanced.

4. This Writ Petition is dismissed. There shall be no order as to costs. 12.04.2024 Index : yes Speaking order : no grs To

1. The Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2. The Director of School Education, Perasiyar Anbazhagan Valagam, Chennai - 600 006.

3. The Chief Educational Officer, Cuddalore District, 3/5

Cuddalore - 607 001.

4. The District Educational Officer (Secondary), Virudhachalam - 606 001, Cuddalore District.

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D.BHARATHA CHAKRAVARTHY, J.

grs 12.04.2024 5/5