M.Sivaraj v. The State Commissioner For The Differently Abled

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Sivaraj .. Petitioner

Versus

1. The State Commissioner for the Differently Abled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai - 05.

2. The District Differently Abled Welfare Officer, Tirupattur, Tirupattur District.

3. The Correspondent, IELC, Higher Secondary School for Hearing Impaired Ambur - 635 802, Tirupattur District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the 1st respondent to approve the promotion of the petitioner as B.T. Assistant (Tamil) in the 3rd respondent Special School for Hearing Impaired w.e.f. 17.09.2023, with all consequential and other monetary benefits, on the basis of recommendation 1/5

of the 2nd respondent vide Na.Ka.No.45/A/2023, dated 03.04.2024 within the time frame fixed by this Court.

For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.Stalin Abhimanyu, Additional Government Pleader, for RR-1 and 2

ORDER

This Writ Petition is filed for a direction to the first respondent to approve the promotion of the petitioner as B.T. Assistant in the third respondent Special School for Hearing Impaired, Ambur with effect from 17.09.2023 with all consequential and other monetary benefits on the basis of the recommendation of the second respondent vide Na.Ka.No.45/A/2023, dated 03.04.2024.

2. When the matter came up for hearing, learned Counsel for the petitioner would take this Court through the recommendation of the second respondent, dated 03.04.2024. It is seen that the same is pending and no orders have been passed on the same till date. 2/5

3. Mr.Stalin Abhimanyu, learned Additional Government Pleader takes notice for the respondent Nos.1 and 2. In view of the fact that the said recommendation, dated 03.04.2024 is pending for the decision of the first respondent, it is for the first respondent to consider the same and pass orders thereon in accordance with law.

4. In view thereof, this Writ Petition is disposed of with a direction to the first respondent to consider the proposal of the second respondent vide Na.Ka.No.45/A/2023, dated 03.04.2024 within a period of 12 weeks from the date of receipt of a copy of this order and pass orders thereon in accordance with law. There shall be no order as to costs. 23.04.2024 Index : yes Speaking order : no grs To

1. The State Commissioner for the Differently Abled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai - 05.

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2. The District Differently Abled Welfare Officer, Tirupattur, Tirupattur District.

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D.BHARATHA CHAKRAVARTHY, J.

grs 23.04.2024 5/5