Mr.P.Raja Govindan v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.ARUL MURUGAN and M.P.No.1 of 2014 P.Raja Govindan
...Petitioner
-Vs1. The Secretary, Government of Tamil Nadu, Education Department, Fort Saint George, Chennai - 600 009.
2. The Assistant Elementary School Officer, Madukarai, Coimbatore - 641 105.
3. The Joint Director, Employoees Group, Department of School Education, College Road, Chennai - 600 006.
4. The District Chief Educational Officer, Coimbatore - 641 001.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorified Mandamus, calling for the records pertaining to proceedings No.O.Mu.65100/A4/E3/2013 dated 03.01.2014 issued by the third respondent and quash the same and consequently,
direct the third respondent to consider the petitioner for the notional promotion to the post of Assistant from 15.03.2022 and further promotion as per seniority list with all attendant monetary benefits including fixing of scale of pay, increment etc. For Petitioner : Mr.K.V.Subramanian For Respondents : Mr.A.M.Ayyadurai Government Advocate
ORDER
This writ petition is filed challenging the order of the third respondent dated 03.01.2014, for consequential direction to grant notional promotion to the petitioner to the post of Assistant from 15.03.2002.
2.
Today when the writ petition is taken up for hearing, the learned Government Advocate by producing the proceeding of the third respondent dated 28.09.2017 submitted that already the government has issued government order in G.O.(1D).No.80 School Education Department dated 06.03.2009, by relaxing the rule for declaring the probation. In view of the clarification issued by the Government in letter No.9 dated 20.01.2014 that not only the employees who were appointed on compassionate basis but even for all others, where that has been some delay in sending the incumbents for Bhavani Shagar training, the concerned Directorate itself can grant the consequential seniority
benefits by taking into account the relaxation for declaring probation in the Junior Assistant post to avoid further delay in promotion. Based on which the third respondent issued the proceeding dated 28.09.2017, by relaxing the condition and restored the petitioner's seniority with effect from 15.03.2002, on par with his junior Tmt.D.Shanmugapriya, and the service has been reckoned notionally in the cadre of Assistant. The relevant portion of the order is extracted hereunder for easy reference.
3.
Since already the relief as sought for by the petitioner had been granted in view of the above proceedings and the learned Government Advocate also submits that if the consequential orders are not passed then the same will also be done within a period of eight weeks, no further adjudication is required. As such recording the said submissions of the learned Government Advocate and the proceeding dated 28.09.2017, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs.
23.01.2025 Index : Yes/No : Yes/No Speaking/Non Speaking order rts To
1. The Secretary, Government of Tamil Nadu, Education Department, Fort Saint George, Chennai - 600 009.
2. The Assistant Elementary School Officer, Madukarai, Coimbatore - 641 105.
G.ARUL MURUGAN . J, rts
3. The Joint Director, Employoees Group, Department of School Education, College Road, Chennai - 600 006.
4. The District Chief Educational Officer, Coimbatore - 641 001.
and M.P.No.1 of 2014 23.01.2025
and M.P.No.1 of 2014 G.ARUL MURUGAN, J .
This matter is posted today under the caption "for being mentioned" at the instance of the learned counsel for the petitioner. 2.
When the matter is taken up today, Mr.M.A.Abdul Wahab, learned counsel for Mr.K.V.Subramanian for the petitioner, submitted that no further clarification is required in the order passed on 23.01.2025. 3.
Hence, no further order is necessary in this writ petition. 28.01.2025 sri