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Madras High CourtWP/17093/2023disposed of

M.Sivaraj v. The State Commissioner For The Differently Abled

2023-06-09Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M.Sivaraj ... Petitioner Vs 1.The State Commissioner for the Differently Abled No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai-05.

2.The District Differently Abled Welfare Officer, Tirupattur, Tirupattur District.

3.The Correspondent, IELC, Higher Secondary School for Hearing Impaired, Ambur - 635 802, Tirupattur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to approve the promotion of the petitioner as B.T. Assistant (Tamil) in the third respondent Special School for Hearing Impaired, w.e.f. 05.04.2022, with all consequential and other monetary benefits, within the time frame fixed by this Court.

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For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.S.Prabhakaran, Government Advocate for R1 and 2

ORDER

Heard Mr.S.N.Ravichandran, learned counsel for the petitioner and Mr.S.Prabhakaran, learned Government Advocate for respondents 1 and 2.

2.The writ petition has been filed, seeking for a direction to the first respondent to approve the promotion of the petitioner as B.T. Assistant (Tamil) in the third respondent Special School for Hearing Impaired, with effect from 05.04.2022, with all consequential and other monetary benefits, within the time frame fixed by this Court. 3.This Court may not be justified in stepping into the shoes of the respondents for not considering such a prayer made by the petitioner. Nevertheless if the first respondent is directed to consider the proposal dated 05.04.2022 made by the third respondent, within a stipulated time, the ends of justice would be secured.

4.In the light of the above observations, there shall be a direction 2/4

to the first respondent herein to consider the Proposal dated 05.04.2022 submitted by the third respondent School to the first respondent, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition stands disposed of. No costs.

09.06.2023 Index:Yes/No Speaking order/Non-speaking order vga To 1.The State Commissioner for the Differently Abled No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai-05.

2.The District Differently Abled Welfare Officer, Tirupattur, Tirupattur District.

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M.S.RAMESH,J.

vga 09.06.2023 4/4