K.Sundaravinayagam v. The District Elementary Education Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU K. Sundaravinayagam ... Petitioner -vs1. The District Elementary Educational Officer, O/o. The District Elementary Educational Officer, The Master Campus, The District Collector of Thiruvannamalai, Venkikkal Village Post, Tiruvannamalai Taluk & District - 606 601.

2. The Block Educational Officer, O/o. The Block Educational Officer, Thukkapettai, Chengam Town & Taluk, Tiruvannamalai District - 606 709.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent herein to be included the Petitioners name in the forth coming promotion panel of Science B.T. Assistants by considering the Petitioner's representation dated 27.03.2023.

For Petitioner : Mr. Dalit Tiger C. Ponnusamy For Respondents : Mr. S.Rajesh, Government Advocate 1/5

O R D E R

Heard Mr. Dalit Tiger C. Ponnusamy, Learned Counsel for the Petitioner and Mr. S.Rajesh, Learned Government Advocate appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that he had made a representation dated 27.03.2023 to the Second Respondent to consider his name in the forthcoming promotion panel of Science B.T. Assistants, but as it did not evoke any response, he has filed this Writ Petition. 3.

Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 27.03.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the 2/5

Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner to explain his position in that regard; (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; and (v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

13.04.2023 skr Index: Yes/No Note: Issue order copy by 05.06.2023.

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To

1. The District Elementary Educational Officer, O/o. The District Elementary Educational Officer, The Master Campus, The District Collector of Thiruvannamalai, Venkikkal Village Post, Tiruvannamalai Taluk & District - 606 601.

2. The Block Educational Officer, O/o. The Block Educational Officer, Thukkapettai, Chengam Town & Taluk, Tiruvannamalai District - 606 709.

Copy to The Registrar (Judicial), Madras High Court, Chennai.

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P.D. AUDIKESAVALU, J.

skr 13.04.2023 5/5