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Madras High CourtWP/29574/2017dismissed

N.Elanchezhiyan, v. The State Of Tamilnadu

2017-11-20Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.29574 of 2017 N.Elanchezhiyan .. Petitioner -vs1. The State of Tamilnadu rep. by the Principal Secretary, School Education Department, Secretariat, Chennai- 600 009

2. The Director of Elementary Education, Directorate of Elementary Education, College road, D.P.I.Campus, Chennai - 600 006

3. The District Elementary Educational Officer, Office of the District Elementary Tiruvannamalai - 606 604,

4. The Assistant Elementary Educational Officer, office of the Assistant Elementary Polur - 606 803, Tiruvannamalai District

5. The Additional Assistant Elementary Educational Officer, Office of the Assistant Elementary Educational Officer Polur - 606 803, .. Respondents Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 24.06.2017 for reconstruction and renovation of the petitioner's file in the service book and pass further order. For Petitioner ::

Mr.C.Venkatesan For Respondents::

Mr.E.R.A.Premnath Government Advocate

O R D E R

The writ petition has been filed by the petitioner seeking issuance of Writ of Mandamus directing the 1st respondent to

consider the petitioner's representation dated 24.06.2017 for reconstruction and renovation of the petitioner's file in the service book.

2. Learned counsel for the petitioner submitted that the petitioner joined as Secondary grade Teacher under the respondents on 07.08.1977. The respondents 4 and 5, by tarnishing his service intentionally created a bad name against him, thereby wrongly entered a black mark in his service register. In view of the same, the petitioner has submitted a representation dated 04.07.2016 to the 1st respondent through the respondents 2 to 4 to reconstruct and renew his service book. That apart, the petitioner has also sent an advance copy of the same to the 1st respondent. But the respondents 1 to 5 having received the petitioner's representation, not even disposed of same. Hence the petitioner has filed this Writ Petition seeking the prayer mentioned supra.

3. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

4. This Court is unable to accept the prayer made in the Writ Petition. The reason is, the petitioner has averred in his affidavit that he had suffered a black mark in his service book, no where he has mentioned for what reason and the date of order, or the year, or the month, he suffered a black mark. Hence this writ petition fails and the same stands dismissed. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To

1. The Principal Secretary, School Education Department, Secretariat, Chennai- 600 009

2. The Director of Elementary Education, Directorate of Elementary Education, College road, D.P.I.Campus, Chennai - 600 006

3. The District Elementary Educational Officer, Office of the District Elementary Tiruvannamalai - 606 604,

4. The Assistant Elementary Educational Officer, office of the Assistant Elementary Polur - 606 803, Tiruvannamalai District

5. The Additional Assistant Elementary Educational Officer, Office of the Assistant Elementary Educational Officer Polur - 606 803, +1cc to Government Pleader SR.no.82466 +1cc to Mr.C.Venkatesan, Advocate SR.No.81999 W.P.No.29574 of 2017 sm:12.12.2017