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Madras High CourtWP/34732/2015disposed of

M. Srinivasan, v. The Director Of Elementary

2015-10-30Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 30.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.34732/2015 M.Srinivasan ..

Petitioner Vs 1.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 009.

2. The District Elementary Educational Officer, Tiruppur, Tiruppur District.

3.The Assistant Elementary Educational Officer, Tiruppur North, Tiruppur District. ..

Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents herein to consider the petitioner's seniority in accordance with the list drawn as on 01.01.2013, 01.01.2014 and 01.01.2015 with regard to the post of B.T. Assistant(Mathematics), wherein the petitioner is placed second, while filling up of the future vacancies that are to arise in the Tiruppur Panchayat Union(North). For Petitioner : Mr.Dakshayani Reddy For Respondents : Mr.V.Subbiah, Spl.GP

ORDER

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

The petitioner was appointed as Secondary Grade Teacher on 09.12.2005 and at present, working in Panchayat Union Elementary School, Porasapalayam, Tiruppur North, Tiruppur and has completed his three year degree programme in Maths during the year 2005 and also successfully completed B.Ed. The persons who studied dual Degree course in another subject, prayed for accommodation and it was put to challenge in a batch of writ petition and originally, stay was granted and subsequently, the writ petitions were allowed. It was put to challenge in WA.No.529/2013, wherein interim stay was granted, not to make any appointments. Subsequently, the https://hcservices.ecourts.gov.in/hcservices/

appeal was also dismissed. In the light of the above fact, the grievance expressed by the petitioner is that there is no impediment on the part of the respondents to grant him promotion to the post of B.T. Assistant [Mathematics]. In this regard, he has submitted a representation dated 13.10.2015 to the respondents and since no orders have been passed, he came forward to file this writ petition. Learned counsel for the petitioner would submit that in similar facts and circumstances, this Court, vide order dated 11.08.2015 made in WP.No.24771/2015 [C.Stephen V. The Director of Elementary Education, DPI Campus, Chennai-6 and others], has directed the very same respondents to consider the representation on merits and in accordance with law and hence prays, for similar orders. This Court heard the submissions of Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents.

This Court, considering the limited scope of prayer sought for by the petitioner, directs the 1st respondent to consider and dispose of the petitioner's representation dated 13.10.2015 on merits and in accordance with law within a period of eight 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 (CO) /true copy/ Sub Asst. Registrar AP To 1.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 009.

2. The District Elementary Educational Officer, Tiruppur, Tiruppur District.

3.The Assistant Elementary Educational Officer, Tiruppur North, Tiruppur District.

+1 cc to M/s.Dakshayani Reddy, Advocate, sr.59184 +1 cc to The Government Pleader, sr.60037 W.P.No.34732/2015 ala co, kra 16/11/2015 https://hcservices.ecourts.gov.in/hcservices/