Arul Benedict, v. The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.36089 of 2015 Arul Benedict ..Petitioner Vs.

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

2.The District Educational Officer, Salem District, Salem.

3.The Correspondent, St.Paul's Higher Secondary School, Salem - 7.

.. Respondents Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first, second and third Respondents to consider the petitioner's representation dated 26.09.2015 to implement and enforcement of the Director of School of Education Chennai with respect of proceedings in Na.Ka.No.87335/W3/E2/2006 dated 14.10.2014.

For Petitioner : Mr.Parigopal For Respondents : M/s.Roofur Abraham Government Advocate

O R D E R

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

2. According to the petitioner, he was appointed in a temporary post as a B.T.Assistant on 29.08.1979 in the third respondent's School and subsequently, he was promoted as permanent P.G.Assistant on 04.01.1982 and further, he has become a Selection Grade Teacher on 04.01.1992 and thereafter, he was promoted as Special Grade Teacher on 01.01.2002 and he retired

from service on attaining the age of superannuation on 31.12.2012 and his service was extended as a re-employment up to 31.05.2013.

3. The learned counsel for the petitioner would contend that the petitioner is entitled for benefit under the order issued by the Director of School of Education Chennai in his proceedings Na.Ka.No.87335/W3/E2/2006 dated 04.10.2014 and as per G.O.M.S. (Per).No.239 School of Education (Higher Secondary Education- 2) department, dated 20.09.2012 and the same was amended in G.O.M.S. (Per)No.159, but he was not granted benefit and his service was also not recognized and hence, he made a representation to the respondents dated 26.09.2015. Despite receipt of the same, the respondents have not passed orders. Hence, the present writ petition.

4. Heard Mr.Parigopal, learned counsel for the petitioner and Mr.Roofus Abraham, learned Government Advocate takes notice for the respondents.

5. Though the petitioner prayed for a larger relief, this court, in the light of the facts and circumstances and without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 26.09.2015 and pass appropriate orders 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.

With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sms

To 1.The Principal Secretary, School Education Department, Government of Tamilnadu, Secretariat, Chennai - 600 009.

2.The District Educational Officer, Salem District, Salem.

3.The Correspondent, St.Paul's Higher Secondary School, Salem - 7.

+ 1 cc to the Government Pleader SR.61750 W.P.No.36089 of 2015 PA(CO) EU 08.12.15