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Madras High CourtWP/24701/2019disposed of

N.Balasubramanian, v. The District Educational Officer,

2019-10-16Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI W.P.No.24701 of 2019 N.Balasubramanian ... Petitioner Vs 1.The District Educational Officer, Vadalore, Cuddalore District.

2.The Block Educational Officer, Kurunchipadi, Cuddalore District.

3.The District Elementary Educational Officer, Cuddalore, Cuddalore District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus or any other writ or order or direction in the nature of writ directing the second respondent to consider and pass an order on the proposals dated 22.10.2018 sent by the first respondent with regard to grant of permission to petitioner to join duty as secondary grade teacher in any of the available vacancy under the second respondent control.

For Petitioner : Mr.V.Thirupathi For Respondents : Mrs.P.Kavitha Government Advocate

O R D E R

This Writ Petition has been filed for the issuance of Writ of Mandamus directing the second respondent to consider and pass an order on the proposals dated 22.10.2018 sent by the first respondent with regard to grant of permission to petitioner to join duty as secondary grade teacher in any of the available vacancy under the second respondent control.

2. The case of the petitioner is that he worked as Secondary Grade Teacher and had applied minor leave on 17.09.2009 for thirty days and thereafter he did not joined duty. Later, on https://hcservices.ecourts.gov.in/hcservices/

11.07.2017 the petitioner made representation to the respondents requesting for promotion and joined duty by explaining reasons for his absence from duty however, there was no action. While so, the petitioner was issued charge memo on 30.04.2012 calling for his explanation for his unauthorized absence from duty to which the petitioner also submitted his explanation. Again the petitioner sent reminder on 12.08.2018 requesting to grant permission to join duty. Based on his representation, it appears that the first respondent by his proceeding dated 22.10.2018 sent a proposal to the second respondent seeking instructions as regards joining of duty by the petitioner. However, the second respondent has not acted upon the instructions of the first respondent dated 22.10.2018. Hence the petitioner has come forward with the present Writ Petition.

3. The learned counsel for the petitioner would submit that it would suffice to issue direction to the respondents to dispose of the representation in accordance with law.

4. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, I am inclined to issue a direction to the respondents to dispose of the representation made by the petitioner, if not disposed of already, within a period of twenty four (24) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The District Educational Officer, Vadalore, Cuddalore District.

2.The Block Educational Officer, Kurunchipadi, Cuddalore District.

3.The District Elementary Educational Officer, Cuddalore, Cuddalore District.

+1cc to Mr.V.Thirupathi, Advocate Sr.86444 +1cc to the Government Pleader Sr.87337 W.P.No.24701 of 2019 br[co] srg 22/01/2020 https://hcservices.ecourts.gov.in/hcservices/