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Madras High CourtWP/16298/2013allowed

P.Arumugam, v. State Represented By

2016-11-08Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.S.RAMESH W.P. No.16298 of 2013 P.Arumugam .. Petitioner Vs 1.State Represented by Secretary to Government School Education Department Secretariat, Chennai-9.

2.The Director of School Education, DPI Campus, College Road, Chennai-6.

3.The Joint Director of School Education (Personnel) Directorate of School Education, DPI Campus, College Road, Chennai-6.

4.The Chief Educational Officer, Cuddalore District, Cuddalore.

.. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the 2nd and 3rd respondents to pass orders on the appeal petition submitted by the petitioner dated 10.05.2000 filed against the order of removal from service issue by the 4th respondent dated 28.04.2000 in Na.Ka.No.13127/A2/1994 on merits and in accordance with law, within the time frame to be fixed by this Court.

For Petitioner :

Mr.G.Sankaran.

For respondents:

Mr.R.Govindasamy, Spl.GP for R1 to R4.

ORDER

Based on the charge memo dated 16.11.1996, the petitioner was imposed with the punishment of removal from service by the 4th respondent on 28.04.2000. Challenging the order of https://hcservices.ecourts.gov.in/hcservices/

punishment, the petitioner has made an appeal petition to the 3rd respondent through 4th respondent on 10.05.2000. Since, no orders has been passed in the appeal, the petitioner gave reminder on 01.02.2002. Inspite of the reminder, no final orders have been passed till date, which necessitated the petitioner to file the present writ petition, seeking for a direction to the second and third respondent to pass an order on his appeal petition dated 10.05.2000.

2.Heard Mr.G.Sankaran, learned counsel for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader appearing for the respondents.

3.In view of the limited prayer sought for in the writ petition and without going into the merits of the claim made by the petitioner in the appeal petition, there shall be a direction to the second respondent, directing him to pass orders on its own merits on the petitioner's appeal petition dated 10.05.2000, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 4.In the result, the writ petition is allowed with the above direction. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar tsh To 1.The Secretary to Government School Education Department Secretariat, Chennai-9.

2.The Director of School Education, DPI Campus, College Road,Chennai-6.

3.The Joint Director of School Education (Personnel) Directorate of School Education, DPI Campus, College Road, Chennai-6.

4.The Chief Educational Officer, Cuddalore District, Cuddalore.

+ 1 cc to Government Pleader Sr.64351 W.P.No.16298 of 2013 RSY(CO) Eu 08.12.16 https://hcservices.ecourts.gov.in/hcservices/