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Madras High CourtWP/19147/2014dismissed

V.Narasimhan v. The Chief Educational Officer

2017-10-23Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.10.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.19147 of 2014 V.Narasimhan .. Petitioner vs 1.The Chief Educational Officer, Vellore, Vellore District.

2.The Head Master, TSD Government Higher Secondary School, Thiruparkadal, Walajapettai (Taluk), Vellore District.

..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to include his designation as a B.T.Grade (Tamil) Head Master in the releaving order of my retirement on reaching superannuation on 31.08.1994 from the school of TSD Government Higher Secondary School, Thiruparkadal, Kaveripakkam, Vellore District.

For Petitioner : Mr.K.Thennan For Respondent : Mr.R.Vijayakumar, AGP

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondents to include the petitioner's designation as a B.T.Grade (Tamil) Head Master in the releaving order of his retirement on reaching superannuation as on the date.

2. The learned counsel appearing for the writ petitioner made a submission that the writ petitioner has submitted a representation on 10.12.2012 in relation to his grievance for putting his name in the Board affixed in the TSD Government Higher Secondary School. Now the grievance of the writ petitioner, as per the representation submitted by him in letter dated 10.12.2012, is that his name has not been displayed in the notice board of TSD Government Higher Secondary School. The writ

petitioner is of the opinion that his sincere services had not been taken note of by the competent authority and he has been unnecessarily deprived of the benefit of displaying his name in the notice board of TSD Government Higher Secondary School.

3. This Court is of the opinion that displaying names of the Head Master in the notice board of the School is an information and it cannot be a right of an employee to claim. These particulars are affixed due to generosity and for information. This Court is of the view that unless the writ petitioner established any legal right for issuing any direction, the writ petition cannot be entertained. Infringement of any of the service condition or rights are the precondition for entertaining the writ petition, more specifically, for issuing a direction. Admittedly, the service condition of the writ petitioner has not been violated and he has been receiving all his pensionary benefits in accordance with rules in force.

4. Thus, there is no grievance to the writ petitioner. A mere fact that his name is not displayed in the notice board cannot be construed as a legal right so as to move the writ petition or to issue direction in this regard. Thus, no further adjudication on merits and on the ground raised in this writ petition.

5. Accordingly, the writ petition stands dismissed. No costs.

-Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Chief Educational Officer, Vellore, Vellore District.

2.The Head Master, TSD Government Higher Secondary School, Thiruparkadal, Walajapettai (Taluk), Vellore District.

+ 1 cc to Mr.K.Thennan, Advocate SR.No.75071 + 1 cc to The Government Pleader SR.No.75292 W.P.No.19147 of 2014 CO(NRI) RRI 20/11/2017