A.Prabu Kumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.12859 & 12860 of 2022 A.Prabu Kumar

...Petitioner

-Vs1.The Commissioner School Education, DPI Campus, College Road Chennai - 6.

2.The Joint Director (Personnel) School Education Department DPI Campus, College Road Chennai - 6.

3.The Chief Educational Officer Vellore District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the third respondent order No.Aa.Thee. Moo.No.1142/A3/2022 dated 16.05.2022 and quash the same and consequently direct the respondents to 1/4

promote the petitioner to the post of BT Assistant (Tamil) by operating the pane for promotion as on 01.01.2021 or by including the name of the petitioner in the panel for promotion to the post of BT Assistant Tamil as on 01.01.2022 by considering the Panduit Training Certificate as equivalent to B.Ed as per the service Rules.

For petitioner : Ms.Dakshayani Reddy Senior Counsel For respondents : Mr.U.Baranidharan Additional Government Pleader

O R D E R

This Writ Petition has been filed challenging the order passed by the 3rd respondent dated 16.05.2022 and consequently direct the respondents to promote the petitioner to the post of BT Assistant (Tamil) by operating the panel for promotion as on 1.1.2021 or by including the name of the petitioner in the panel for promotion to the post of BT Assistant Tamil as on 1.1.2022.

2. The learned counsel appearing for the petitioner submit that the 2/4

relief sought for in this writ petition has become infructuous. Therefore, the writ petition may be dismissed as infructuous.

3. Recording the submission made by the learned counsel appearing for the petitioner, this writ petition is dismissed as infructuous. However, the petitioner is at liberty to file writ petition subject to the result of Special Leave Petition pending before the Hon'ble Supreme Court of India as against the order passed by the Hon'ble Division Bench of this Court in this regard. No costs. Consequently, connected miscellaneous petitions are closed.

09.01.2024 Index : Yes/No Internet: Yes/No gvn 3/4

G.K.ILANTHIRAIYAN,J.

gvn To 1.The Commissioner School Educational DPI Campus, College Road Chennai - 6.

2.The Joint Director (Personnel) School Education Department DPI Campus, College Road Chennai - 6.

3.The Chief Educational Officer Vellore District.

and W.M.P.Nos.12859 & 12860 of 2022 09.01.2024 4/4