V.Shakindar v. The Director Of School Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH V.Shakindar

...Petitioner

Vs 1.The Director of School Education, D.P.I. Buildings, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Collectorate, The Chief Educational Office, 3.The District Educational Officer (Secondary), Opp. Fire Office, Thirupattur, 4.The President, IELC - Ambur Synod, Mission Compound, Ambur, Thirupattur District.

5.The Secretary/Educational Committee, IELC - Ambur Synod, Mission Compound, Ambur, Thirupattur District.

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6.The Correspondent, Concordia Higher Secondary School, Ambur - 632 802,

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to approve the promotion of the petitioner as B.T.Assistant in History in the 6th respondent School, w.e.f., 07.06.2017 with all consequential monetary benefits, on the basis of the proposal submitted by the 5th respondent dated 07.06.2017 and 6th respondent on 21.03.2023. For Petitioner : Ms.Dakshayani Reddy, Sr. Counsel for Mr.B.Gopalakrishnan For R1 to R3 : Mr.P.Gurunathan, Additional Government Pleader

ORDER

Heard Ms.Dakshayani Reddy, learned Senior Counsel for the petitioner and Mr.P.Gurunathan, learned Additional Government Pleader for the respondents 1 to 3.

2. In view of the order to be passed in this Writ Petition, no prejudice would be caused to the respondents 4 to 6. Hence, notice to the said respondents is hereby dispensed with.

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3. The prayer sought for in the present Writ Petition is for a direction to the respondents 2 and 3 to approve the petitioner's promotion as B.T.Assistant with effect from 07.06.2017, based on the proposals submitted by the fifth and sixth respondents, together with consequential service and monetary benefits.

4. This Court is of the view that such a claim requires to be considered by the respondents and this Court may not be justified in stepping into the shoes of the respondents to consider the same. Nevertheless, if the proposals are directed to be disposed of within a stipulated time, the ends of justice could be secured.

5. In the light of the above observation, the second and third respondents herein are directed to dispose of the proposals forwarded by the fifth and sixth respondents dated 07.06.2017 and 21.03.2023 respectively, seeking for approval of the petitioner's promotion in the post of B.T.Assistant (History), within a period of eight weeks from the date of receipt of a copy of this order.

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M.S.RAMESH,J.

hvk

6. With the above direction, the Writ Petition stands disposed of. No costs.

30.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The Director of School Education, D.P.I. Buildings, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Collectorate, The Chief Educational Office, 3.The District Educational Officer (Secondary), Opp. Fire Office, Thirupattur, 4/4