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Madras High CourtWP/10860/2014dismissed as infructuous

S.Arunkumar, v. Government Of Tamil Nadu,

2019-02-14Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.10860 of 2014 and M.P.Nos.1 and 2 of 2014 1.S.Arunkumar 2.U.Marichamy 3.S.Velmurugan 4.M.Muruganandam 5.P.Ashok Kumar 6.A.Esakkirajan 7.S.Usharani

...Petitioners

Vs 1.The Government of Tamil Nadu rep.by Secretary School Education Department, Fort St.George, Chennai-600 009.

2.The Director, Elementary Education DPI Campus, Nungambakkam, Chennai-600 006.

3.The District Elementary Educational Officer, Erode District, Erode.

4.The Assistant Elementary Educational Officer, Sathyamangalam.

5.The Additional Elementary Educational Officer, Sathyamangalam.

...Respondents

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the first and second respondents to promote the petitioners first as BT Assistant in terms of G.O.No.239, School Edn (Va.Se.2) Department, dated 22.09.2007 and in terms of G.O.Ms.No.172 dated 11.07.2012 based on the seniority list dated 01.01.2013 before going for direct recruitment.

For Petitioners : Mr.Ram Siddharth for M/s.Row and Reddy For Respondents : Mrs.P.Kavitha, Government Advocate (Edn.)

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus directing the first and second respondents to promote the petitioners first as BT Assistant in terms of G.O.No.239, School Edn (Va.Se.2) Department, dated 22.09.2007 and in terms of G.O.Ms.No.172 dated 11.07.2012 based on the seniority list dated 01.01.2013 before going for direct recruitment. 2.The third respondent has filed a counter affidavit stating that the writ petitioners were promoted by proceedings of the third respondent in Na.Ka.No.2013/A2/2014 dated 06/2014. 3.In view of the above statement made in the counter affidavit filed on behalf of the third respondent, nothing further remains to be considered in this writ petition and the writ petition has become infructuous. The learned counsel for the petitioners has also not disputed the same. 4.Hence, the writ petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar KM To 1.The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.

2.The Director, Elementary Education DPI Campus, Nungambakkam, Chennai-600 006.

3.The District Elementary Educational Officer, Erode District, Erode.

4.The Assistant Elementary Educational Officer, Sathyamangalam.

5.The Additional Elementary Educational Officer, Sathyamangalam.

+1cc to Government Pleader SR.No.14141 W.P.No.10860 of 2014 and M.P.Nos.1 and 2 of 2014 KJI(CO) GMY(05/03/2019)