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Madras High CourtWP/25591/2023disposed of

G.Selvaraju v. The Secretary To Government

2023-08-31Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR G.Selvaraju, S/o Govindhasamy, Assistant (Secondary), O/o District Education Officer, Ariyalur District - 621 704.

... Petitioner

Versus

1.The Secretary to Government, Government of Tamil Nadu, Personnel and Administrative Reforms Department, St.George Fort, Secretariat, Chennai - 600 009.

2.The Secretary to Government, Government of Tamil Nadu, St George Fort, Secretariat, Chennai - 600 009.

3.The Commissioner and Director of School Education, Directorate of School Education Department, Page No.1 of 6

4.The Joint Director (Personal), 5.The Chief Educational Officer, Office of the Chief Educational Office, Ariyalur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Order or Direction and more particularly in the nature of Writ of Mandamus directing the 4th respondent to consider and dispose of the representation submitted by the petitioner dated 24.03.2021 within a reasonable time.

For Petitioner :

Mr.R.Rengaramanujam For Respondents :

Mr.S.Arumugham, Government Advocate

ORDER

This Writ Petition has been filed to direct the 4th respondent to consider and dispose of the representation submitted by the petitioner, dated 24.03.2021 within a reasonable time.

2.The contention of the petitioner is that the petitioner was appointed as Junior Assistant in the Government Higher Secondary School, Ilayur Variyankaval, Ariyalur District by the order of the 4th respondent, dated 29.03.2012. Thereafter, he was promoted to the post of Assistant by Page No.2 of 6

the order of the 4th respondent, dated 16.12.2020 and joined on 28.12.2020. As per Rule 26(a)(2) of the Fundamental Rules, the candidates are eligible for promotion from the next date of sitting of their last examination. Since the petitioner passed all the tests prescribed in the Tamil Nadu Ministerial Service Rule 30(b) Annexure IV and also attended Account Test for Subordinate Officers Part I in the month of December 2015, he is qualified to be included in the panel for promotion to the post of Assistant for the year 2016-2017. In this regard, he has given representation to the 5th respondent on 24.03.2021 and the same was forwarded to the 4th respondent on 15.09.2021, however no orders have been passed so far. Hence, seeks direction of this Court.

3.The learned Government Advocate appearing for the respondents submitted that the representation of the petitioner, dated 24.03.2021 has been forwarded to the 4th respondent with all service particulars for passing appropriate orders on merits.

4.Considering the limited relief sought for in this Writ Petition, there shall be direction to the 4th respondent to consider the representation Page No.3 of 6

of the petitioner and pass orders on merits and in accordance with law, within a period of two months, from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands disposed of. No costs.

31.08.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Secretary to Government, Government of Tamil Nadu, Personnel and Administrative Reforms Department, St.George Fort, Secretariat, Chennai - 600 009.

2.The Secretary to Government, Government of Tamil Nadu, St George Fort, Secretariat, Chennai - 600 009.

Page No.4 of 6

3.The Commissioner and Director of School Education, Directorate of School Education Department, 4.The Joint Director (Personal), 5.The Chief Educational Officer, Office of the Chief Educational Office, Ariyalur District.

Page No.5 of 6

N.SATHISH KUMAR , J.

vv2 31.08.2023 Page No.6 of 6