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Madras High CourtWP/4438/2015disposed of

M.Chandrakumar v. The Secretary To Government

2016-08-08Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.4438 of 2015 M.P.No.1 and 2 of 2015 M.Chandrakumar ... Petitioner Vs 1.The Secretary to Government, School Education Department, Fort St.George, Chennai-9 2.The Director of Elementary Education Nungambakkam, Chennai-6 3.The Chief Educational Officer, 4.The District Elementary Educational Officer ... Respondents Prayer:- This Writ Petition is filed to issue a Writ of Mandamus to direct the Respondents to promote the Petitioner to the post of Head Master, Elementary School in Krishnarayapuram Panchayat Union, Karur District, pursuant to the GO.Ms.No.(3D) No.4 dated 21.1.2015.

For Petitioner :

Mr.L.Chandra Kumar For Respondent :

Mr.A.Kumar, Special Government Pleader

ORDER

This Writ Petition is filed to issue a Writ of Mandamus to direct the Respondents to promote the Petitioner to the post of Head Master, Elementary School in Krishnarayapuram Panchayat Union, Karur District, pursuant to the GO.Ms.No.(3D) No.4 dated 21.1.2015.

2. This court heard the learned counsel on either side and also perused the materials placed on record.

3. The learned counsel for the Petitioner has submitted that in the counselling held on 07.08.2016, the Petitioner was promoted to the post of Head Master, but as per the GO.Ms.(3D)No.4, dated 21.1.2015, he has to be given all the emoluments and benefits with effect from 2004, as he has been regularized with effect from 2004 as per the said GO and the Petitioner may be permitted to make a fresh representation, which shall be ordered to be disposed of, in line with the said GO, as expeditiously as possible.

4. The learned Government Advocate for the Respondents would submit that if any such fresh representation is filed, the same will be considered in line with the said GO.

5. Considering the submissions of the learned counsel on either side, in view of the subsequent development that the Petitioner was promoted as Head Master in the counselling held on 07.08.2016, without going into the merits of the case, the Petitioner is permitted to make a fresh representation to the 1st Respondent within 10 days from the date of receipt of a copy of this order and on receipt of such representation, the 1st Respondent is directed to dispose of the same, on merits and in accordance with law and in line with said GO.Ms.(3D)No.4, dated 21.1.2015, as expeditiously as possible.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected MPs are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Srcm To:

1.The Secretary to Government, School Education Department, Fort St.George, Chennai-9 2.The Director of Elementary Education Nungambakkam, Chennai-6 3.The Chief Educational Officer,

4.The District Elementary Educational Officer +1cc to Mr.P.T.Ramadevi, Advocate, S.R.No.45169 +1cc to the Government Pleader, S.R.No.45208 W.P.No.4438 of 2015 RP(CO) CA(31/08/2016)