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Madras High CourtWP/21659/2024dismissed

T.Pitchanandam v. The State Of Tamilnadu

2024-08-01Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.23635 of 2024 T.Pichanandam ... Petitioner -Vs1. The State of Tamil Nadu, Represented by its Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Director of Adi-Dravidar Welfare, Chepauk, Chennai - 600 005.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records from the second respondent in Na.Ka.No. A1/2031/2024 dated 26.02.2024 and quash the same and directing the second respondent include the petitioner name in the proceedings Na.Ka.No.A1/17580/2017 dated 03.10.2018 with effect from 01.01.2017 Higher Secondary School Head Master final promotion panel list and direct the second respondent to give the monitory benefits to the petitioner.

For Petitioner : Mr.D.Dhayalan For Respondents : Mr.V.P.R.Elamparithi Additional Government Pleader

ORDER

This writ petition has been filed challenging the order passed by the second respondent dated 26.02.2024, thereby rejected the request made by the petitioner seeking promotion to the post of Headmaster and other monetary benefits.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was appointed as BT Assistant and his service was regularized as per G.O.Ms.No.60, Adi-Dravidar and Tribal Welfare Department, dated 07.06.2010 from the date of his initial appointment with monetary benefits from the date of Government Order. Subsequently, the petitioner was promoted to the post of Headmaster, High School and transferred to Government Adi-Dravidar Welfare High School, Padhuvancherry from 01.10.2015 to 22.08.2017. At that juncture, he was transferred to Irumbedu High School as Head Master, on 23.08.2017.

4. The grievance of the petitioner is that the second respondent prepared temporary promotion list dated 16.08.2018 with effect from 01.01.2017, in which the petitioner's name was not found. Though the petitioner was eligible to be promoted, his name was not included in the seniority list, only on the ground that the petitioner had attained the age of superannuation and was retired from service on 31.05.2018 itself. Therefore, he was not considered for promotion to the post of Headmaster, High School.

5. Admittedly, the petitioner attained the age of superannuation and permitted to retire as on 31.05.2018. On the date of temporary selection list for promotion to the post of Headmaster, High School dated 16.08.2018, the petitioner was not in service. Therefore, the request made by the petitioner was rightly rejected and this Court finds no infirmity or illegality in the order passed by the second respondent and the writ petition is devoid of merits and is liable to be dismissed.

6. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petition is closed. No costs. 01.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The Secretary to Government, The State of Tamil Nadu, Adi-Dravidar and Tribal Welfare Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Director of Adi-Dravidar Welfare, Chepauk, Chennai - 600 005.

G.K.ILANTHIRAIYAN. J, mn 01.08.2024