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Madras High CourtWP/20159/2023disposed of

K.Prema v. The State Of Tamil Nadu

2023-07-10Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR K.Prema .. Petitioner

Versus

1.The State of Tamil Nadu Rep. by its Principal Secretary to Government School Education Department Fort St.George Chennai - 600 009 2.The Director of School Education Directorate of School Education DPI Campus, College Road Chennai - 600 009 3.The Joint Director (Personnel) School Education Department DPI Campus, College Road Chennai - 600 009 4.The Chief Educational Officer Namakkal District Namakkal - 637 001 5.Tamil Nadu Public Service Commission Rep by its Secretary TNPSC Road, VOC Nagar Park Town, Chennai - 600 003 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India 1/6

praying to issue a Writ of Certiorarified Mandamus, calling for the records having Ref.No.Na.Ka.No.32756/A4/E3/2023-1, dated 14.06.2023 issued by the 3rd respondent containing the names of the Junior Assistants, Typists and Steno Typists Grade - III eligible as on 15.03.2023 for promotion to the post of Assistants and quash the same in so far as the said list does not contain the name of the petitioner and consequently direct the third respondent to include the name of the petitioner in the selection list dated 14.06.2023 containing list of eligible Junior Assistants, Typists and Steno Typists Grade - III as on 15.03.2023 for promotion to the post of Assistant in the Tamil Nadu Ministerial Service.

For Petitioner : Mrs.Nalini Chidambaram, Senior Counsel for M/s.C.Uma For Respondents : Mr.P.Baladhandayutham for R1 - R4 Special Government Pleader

ORDER

This Writ Petition has been filed challenging the proceedings issued by the third respondent dated 14.06.2023 containing the names of the Junior Assistants, Typists and Steno Typists Grade - III eligible as on 15.03.2023 for promotion to the post of Assistants and quash the same in so far as the said list does not contain the name of the petitioner and consequently direct the third respondent to include the name of the petitioner in the above list dated 14.06.2023, as on 15.03.2023, for promotion to the post of Assistant in the Tamil Nadu Ministerial Service.

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2. The grievance of the writ petitioner is that she had been provisionally selected for the post of Junior Assistant on 17.12.2012, in Tamil Nadu Ministerial Service by the Tamil Nadu Public Service Commission. Her rank was given as 22 and she was directed to report to the appointing authority on 06.02.2013. However, the name of the petitioner was not included in the counselling to be held on 02.02.2013. Further, candidates with lower rank like 4427 (Satya), 4291(Chandraleka) were included for counselling. Subsequently, the counselling was held on 25.02.2013 and the petitioner joined as Junior Assistant in the School Education Department on 13.03.2013. On 15.03.2023, list of candidates eligible were released by the third respondent, wherein the petitioner name was not included. Thereafter, on 14.06.

2023, list of eligible candidates as on 15.03.2023 for promotion as Assistant was released by the third respondent, but the name of the petitioner who was assigned the rank of 22 was not in the list, even though candidates with lower rank were included in the said list. In this regard, she has given a representation to the third respondent 19.06.2023 to include her name in the seniority list, which is pending without consideration till date. Hence, this petition.

3. The learned Special Government Pleader, on instructions, submitted 3/6

that it is only a temporary list and the petitioner's representation will be considered within a reasonable time as fixed by this Court.

4. In such view of the matter, the third respondent is directed to consider the representation of the petitioner dated 19.06.2023 and pass appropriate orders on merits and in accordance with law within a period of one month from the date of receipt of a copy of this Order.

5. Accordingly, this writ petition stands disposed of. No costs. 10.07.2023 dhk Index:Yes/No Internet: Yes/No To 4/6

1.The Principal Secretary to Government The State of Tamil Nadu School Education Department Fort St.George Chennai - 600 009 2.The Director of School Education Directorate of School Education DPI Campus, College Road Chennai - 600 009 3.The Joint Director (Personnel) School Education Department DPI Campus, College Road Chennai - 600 009 4.The Chief Educational Officer Namakkal District Namakkal - 637 001 5.The Secretary Tamil Nadu Public Service Commission TNPSC Road, VOC Nagar Park Town, Chennai - 600 003 N.SATHISH KUMAR, J.

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dhk W.P.No.20159 of 2023 10.07.2023 (1⁄2) 6/6