Madras High CourtWP/15859/2021disposed of

D.Subramani v. The State Of Tamil Nadu,

2021-07-30Honourable Mr Justice S.S. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P.No.15859 of 2021 1.D.Subramani 2.S.Gopu 3.K.Devaki 4.N.Murugesan 5.S.Kumar 6.K.Baskaran 7.K.Perumal 8.A.L.Kuppusamy 9.K.Arul 10.N.Senthilvadivu .. Petitioners

Versus

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Commissioner, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

3. The Joint Director of School Education (Higher Secondary), Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

4. The Chief Educational Officer, Villupuram District, Villupuram.

5. The Chief Educational Officer, Dharmapuri District, Dharmapuri.

6. The Chief Educational Officer, Kallakurichi District, Kallakurichi.

7. The Chief Educational Officer, Erode District, Erode.

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to pass orders for fixation of seniority for promotion to the post of Higher Secondary School Headmaster by taking into consideration of date of promotion to the post of P.G.Assistant, in application of Section 12 and Section 40 (3) of Tamil Nadu Government Servants (Conditions of Service) Act, 2016, by considering the representation submitted by the petitioners and consequently directing the respondents to include the name of the petitioners in the panel for promotion to the post of Higher Secondary School Headmaster for the year 2020 and 2021, within a time frame to be fixed by this Court. For Petitioners : Mr.G.Sankaran For Respondents : Mr.C.

Kathiravan Government Advocate O R D E R This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents to pass orders for fixation of seniority for promotion to the post of Higher Secondary School Headmaster by taking into consideration of date of promotion to the post of P.G.Assistant, in application of Section 12 and Section 40 (3) of Tamil Nadu Government Servants (Conditions of Service) Act, 2016, by considering the representation submitted by the petitioners and consequently directing the respondents to include the names of the petitioners in the panel for promotion to the post of Higher Secondary School Headmaster for the year 2020 and 2021, within a time frame to be fixed by this Court.

2.Though this writ petition is filed for issuing a Writ of

Mandamus to issue positive directions, learned counsel appearing for the petitioners states that the petitioners will be satisfied if a direction is issued to the second respondent to consider the individual representations of the petitioners which are filed in the typed set, within a time stipulated by this Court.

3.Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel appearing for the petitioners, without expressing any opinion on the merits of the petitioners' representation, this writ petition is disposed of with a direction to the second respondent to consider the representations of the petitioners and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. In case, the petitioners make a request to have personal hearing, the same shall be considered as far as possible. No costs. Sd/- Assistant Registrar(CS-IX) // True Copy// Sub Assistant Registrar ssr To

1. The Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.