K.S.Madusudhana, v. The Director Of Elementary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2015
CORAM:
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.21250 of 2015 & M.P.No.1 of 2015 K.S.Madusudhana ... Petitioner
Versus
1. The Director of Elementary Education DPI Campus, College Road Chennai - 600 006
2. The District Elementary Educational Officer Tiruvallur District Tiruvallur
3. The Assistant Elementary Educational Officer Thiruttani Tiruvallur District ... Respondents PRAYER: Writ petitions filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the 2nd respondent to pass appropriate orders for promotion to the post of Headmaster of ANM Elementary School, Thekkalur, Thiruttani Block, Tiruvallur District based on her eligibility and seniority by passing orders on the proposal forwarded by the third respondent in Na.Ka.No.1614/A1/08 dated 10.11.2008 and subsequent proposal forwarded by the third respondent in Na.Ka.No.480/A1/2013 dated 17.04.2013 retrospectively from the date of promotion on 01.06.2008 as In-charge Headmaster with consequential and other attendant benefits within a time frame to be fixed by this Court. For Petitioner :
Mr.G.Sankaran For Respondents :
Mr.V.Jayaprakash Narayanan Special Government pleader ------
O R D E R
By consent, the writ petition itself is taken up for final disposal.
2. The petitioner is working as a Secondary Grade Teacher & Headmaster (in-charge) in ANM Elementary School, Thekkalur, Thiruttani Block, Tiruvallur District. Due to certain mismanagement of the school, based on the recommendations of the District Elementary Officer, Tiruvallur District, orders were passed by the Director of Elementary Education on 26.09.2001 converting the ANM Elementary School into Village Panchayat Elementary School and three teachers working in the said school were also taken over by the Department. The petitioner is the one among the three teachers taken over by the Department. Though the post of Headmaster is vacant from 31.05.2008 in the said school, the petitioner was appointed as incharge Headmaster of the school as per the proceedings of the third respondent dated 01.06.2008.
3. The petitioner would state that though the petitioner is the senior most teacher working in the school and is eligible to be promoted as Headmaster, the second respondent has not passed any orders till date even after the proposal recommending to grant promotion to the petitioner was sent by the third respondent and hence, the petitioner came forward to file this writ petition seeking for a direction to the second respondent to pass appropriate orders. 4.Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.
5. In view of the narrow prayer made seeking a direction to the second respondent to pass orders relating to the claim of the petitioner for promotion to the post of Headmaster of the said elementary school based on the proposal of the third respondent, the writ petition is disposed of directing the second respondent to pass appropriate orders on the proposals of the third respondent in Na.Ka.No.1614/A1/08 dated 10.11.2008 and Na.Ka.No.480/A1/2013 dated 17.04.2013 relating to the promotion of the petitioner to the post of Headmaster of the aforesaid elementary school within a period of eight weeks from the date of receipt of a copy of this order. No costs.
gpa s/dAssistant Registrar(CO) True Copy Sub-Assistant Registrar
To
1. The Director of Elementary Education DPI Campus, College Road Chennai - 600 006
2. The District Elementary Educational Officer Tiruvallur District Tiruvallur
3. The Assistant Elementary Educational Officer Thiruttani Tiruvallur District + 1 cc to Mr.G.Sankaran, Advocate SR 36136 + 1 cc to Government Pleader SR 36040 bvr(co) prk29/7 W.P.No.21250 of 2015