V.Shanmugam v. The Joint Director Of School
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 01.08.2016
CORAM
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.26704 of 2016 V.Shanmugam, B.T.Teacher, Kalayanasundaram Higher Secondary School, Thanjavur - 09.
.. Petitioner Vs.
1.The Joint Director of School Education, [Secondary Grade], College Road, Nungambakkam, Chennai.
2.The District Educational Officer, Thanjavur, Thanjavur District.
3.The Chief Education Officer, Thanjavur, Thanjavur District.
4.The Correspondent, Kalayanasundaram Higher Secondary School, Thanjavur, Thanjavur District.
.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to consider and pass an order on the petitioner's representation dated 09.03.2016 requesting to consider the appeal dated 10.03.2015 submitted by the fourth respondent in regard to grant approval of the petitioner's appointment as B.T.[History] on promotion with effect from 01.08.2014 and grant consequential service and monetary benefits. For Petitioner : Mr.J.Muthukumaran For Respondents : Mr.S.Gunasekaran Additional Government Pleader
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the first respondent to consider and pass an order on the petitioner's representation dated 09.03.2016 requesting to consider the appeal dated 10.03.2015 submitted by
the fourth respondent in regard to grant approval of the petitioner's appointment as B.T.[History] on promotion with effect from 01.08.2014 and grant consequential service and monetary benefits.
2.The petitioner joined service as Secondary Grade Teacher in the year 2011 and promoted as B.T. Teacher Assistant [History] on 01.08.2014. The second respondent rejected the proposal sent by the fourth respondent for approval of the promotion to the post of B.T. Teachers dated 10.02.2015 stating that the petitioner possessed decree in Economics and only the person who possess decree in History alone to be accommodated and also required to pass teacher eligible test. According to the petitioner, he made representation dated 09.03.2016 to the first respondent to consider the appeal dated 10.03.2015 submitted by the fourth respondent in regard to grant approval of the petitioner's appointment as B.T.[History] on promotion but till date no orders have been passed and hence, the Writ Petition has been filed.
3.Mr.J.Muthukumaran, learned counsel for the petitioner would submit that the petitioner would be satisfied, if his representation is directed to be considered and appropriate orders are passed as expeditiously as possible. 4.Mr.S.Gunasekaran, learned Additional Government Pleader for the respondents would submit that the appeal filed by the Management and hence, without deciding the appeal, the petitioner's representation for approval cannot be directed to consider at this stage.
5.Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, instead of directing the authority to dispose of the petitioner's representation dated 09.03.2016, directs the first respondent, to consider the appeal filed by the fourth respondent dated 10.03.2015 and pass appropriate orders, on merits and in accordance with law afresh, as expeditiously as possible, preferably, within a period of fourth months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.
6.The Writ Petition is disposed of accordingly. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar
To 1.The Joint Director of School Education, [Secondary Grade], College Road, Nungambakkam, Chennai.
2.The District Educational Officer, Thanjavur, Thanjavur District.
3.The Chief Education Officer, Thanjavur, Thanjavur District.
+1 cc to Mr.J.Muthu Kumaran Advocate sr 43424 +1 cc to Government Pleader sr 43662 W.P. No.26704 of 2016 aa01/09/2016