N.Senthil v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09-10-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.32196 of 2015 N.Senthil .. Petitioner vs 1.The Director of School Education DPI Complex, College Road Chennai 2.The District Educational Officer Thiruvarur District 3.The Headmaster Government Boys Higher Secondary School Thiruthuraipundi, Thiruvarur .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the second respondent to consider and dispose of the representation of the petitioner dated 24.3.2007, within the stipulated time.

For Petitioner : Mr.G.Murugendran For Respondents : Mr.R.Vijayakumar Additional Government Pleader

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner would state that he after successfully completing XII Standard, was issued with an order of appointment by the third respondent-School as a Marker on a consolidated salary of Rs.150/- per month and his service has been extended periodically. He would further state that he has won so many medals in State Level and also brought reputation to the name and fame of the third respondent-School and is also hailing from a poor family.

3.It is further averred by the petitioner that he along with one Anbalagan was arrayed as accused in C.C.No.967 of 2005, on the file of the Court of Judicial Magistrate at Thiruthuraipundi, for the alleged commission of offence under Section 381 of IPC and vide judgment dated 4.1.2012, the trial Court has acquitted both of them under Section 248(1) of Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/ 4.The grievance expressed by the petitioner, is that

against the said order of acquittal, no appeal has been preferred and consequent upon his alleged involvement in the criminal case, he was terminated from service and on account of the subsequent development, he has submitted a representation praying for reinstatement in the form of a representation dated 24.3.2007, to the second respondent and since no orders have been passed, came forward to file this writ petition. 5.Heard the submissions of the learned Counsel appearing for the petitioner, and Mr.R.Vijayakumar, learned Additional Government Pleader, who accepted notice on behalf of the respondents.

6.This Court, taking into consideration the limited scope of prayer sought for by the petitioner, directs the second respondent to consider his representation dated 24.3.2007, on merits and in accordance with law and pass orders thereon within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To:

1.The Director of School Education DPI Complex, College Road Chennai 2.The District Educational Officer Thiruvarur District 3.The Headmaster Government Boys Higher Secondary School Thiruthuraipundi, Thiruvarur +1 cc to Government Pleader, sr.55619 nsv W.P.No.32196 of 2015 ca co kra 19/10 https://hcservices.ecourts.gov.in/hcservices/