E.Ponniarasi v. The Chief Educational Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA E.Ponniarasi, W/o.V.Muthukumaran, P.G.Assistant (English), Lady M.Ct.M.Girls Higher Secondary School, 13/14, Dr.Alagappa Road, Purasaiwalkam, Chennai - 600 084.
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Petitioner versus 1.The Chief Educational Officer, Chennai District, Egmore, Chennai - 600 008.
2.The District Educational Officer, Chennai West Education District, DPI Campus, College Road, Chennai - 600 006.
3.The Correspondent/Secretary, Lady M.Ct.M.Girls Higher Secondary School, 13/14, Dr.Alagappa Road, Purasaiwalkam, Chennai - 600 084.
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Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to pass 1/6
orders for granting approval of promotion of the petitioner to the post of P.G. Assistant (English) in the 3rd respondent School with effect from 18.09.2013, based on the proposal submitted by the 3rd respondent School with all consequential and other attendant benefits. For Petitioner :
Mr.S.Nedunchezhiyan For Respondent Nos.1&2 :
Mr.P.Gurunathan Additional Government Pleader For Respondent No.3 :
M/s.K.Pavitra for M/s.Abitha Banu
O R D E R
The petitioner has filed this petition seeking a writ of mandamus, directing the respondents to grant approval for promotion to the post of P.G. Assistant (English) in the 3rd respondent School with all consequential benefits.
2.
Heard Mr.S.Nedunchezhiyan, learned counsel for the petitioner and Mr.P.Gurunathan, learned Additional Government Pleader for the respondents 1 & 2 and M/s.K.Pavitra, learned counsel for the 3rd respondent and perused the materials available on record. 2/6
3.
Mr.S.Nedunchezhiyan, learned counsel for the petitioner submitted that the petitioner who was working as B.T.Assistant (Maths) has been promoted to the post of P.G.Assistant (English) on 18.09.2013. Despite the 3rd respondent had sent a proposal for the approval of the post to the first respondent, it has not been considered so far. 4.
Mr.P.Gurunathan, learned Additional Government Pleader for the respondents 1 & 2 submitted that the proposal has been returned by the 2nd respondent for seeking further clarification and documents. Unless those documents are resubmitted, it is impractical for the respondents 1 and 2 to consider the proposal. It is further submitted that when more meritorious candidates who have got under graduation and post graduation in English are available, the petitioner, who had under graduation in Maths but only post graduation in English has been preferred over the others. 5.
M/s.K.Pavitra, learned counsel for the 3rd respondent submitted that the management of the School has been changed and that may be the reason for the delay in resubmitting the proposal. 3/6
6.
Hence, it is upto the 3rd respondent to resubmit the proposal to the respondents 1 and 2 within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondents 1 and 2 are directed to consider the same and pass appropriate orders on its own merits and in accordance with law, within a period of six (6) weeks thereafter.
7.
With the above observation, this Writ Petition is disposed. No costs.
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To 1.The Chief Educational Officer, Chennai District, Egmore, Chennai - 600 008.
2.The District Educational Officer, Chennai West Education District, DPI Campus, College Road, Chennai - 600 006.
3.The Correspondent/Secretary, Lady M.Ct.M.Girls Higher Secondary School, 13/14, Dr.Alagappa Road, Purasaiwalkam, Chennai - 600 084.
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R.N.MANJULA , J.
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