Madras High CourtWP/40470/2015disposed of

N.Prabudoss v. The State Of Tamil Nadu

2015-12-22Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.40470 of 2015 1 N.Prabudoss

...Petitioner

Vs.

1 The State of Tamil Nadu, Rep. by its Secretary to Government Department of School Education, Fort St.George, Chennai-9.

2 The Director of School Education, College Road, Chennai-6.

3 The Joint Director of School Education, (Vocational), College Road, Chennai-6.

4 The Chief Educational Officer, Vellore, Vellore District.

5 The District Educational Officer, Vellore, Vellore District.

6 The Headmaster Government Aa.Thi.Na.Higher Secondary School, Alamelu Mangapuram, Vellore - 632 009.

Vellore District.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to consider the petitioner's representation dated 24.11.2015 for appointing the petitioner as a Full Time Vocational Instructor Grade II in the light of G.O.Ms. No.35 dated 09.02.2007 within a stipulated time that may be fixed by this Honourable Court. For Petitioner : Mr.A.Vivek For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

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

2. The case of the petitioner is that he has completed Diploma course in Electrical and Electronics Engineering successfully in the year 1992 and thereafter, he studied M.A., and B.Com., courses in the year 2003 and 2014 respectively. He was appointed as a part time vocational instructor in the 6th respondent school on 25.08.1999 in a sanctioned post. Still, he is working in the same place.

3. The petitioner would state that the government issued a G.O.Ms.No.35 dated 09.02.2007 to regularise the part time vocational instructor as full time vocational instructor as per seniority. However, the petitioner's name was not included in the seniority list and thereafter, on his representation, the second respondent verified the certificates and subsequently, there was no response from the respondent. Therefore, he gave a representation on 24.11.2015 requesting the respondents to appoint him as a full time vocational instructor - Grade II as per G.O.Ms.No.35, dated 09.02.2007. Since it was not considered, the present writ petition has been filed.

4. Heard Mr.A.Vivek, learned counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, who accepts notice on behalf of the respondents.

5. This Court, considering the submission of the learned counsel for the petitioner and without going into the merits of the same, directs the third respondent to consider and dispose of the representation of the petitioner dated 24.11.2015 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.

The Writ Petition is disposed of accordingly. No costs. sms Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To 1 The State of Tamil Nadu, Rep. by its Secretary to Government Department of School Education, Fort St.George, Chennai-9.