A.Devarajan, v. The District Education Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.34816 of 2016 A. Devarajan ... Petitioner vs.

1. The District Education Officer, O/o. The District Education Officer, Sankagiri, Salem District.

2. The Director, Director of School Education, College Road, Chennai.

3. The Correspondent, Nirmal Higher Secondary School, Kolathur, Salem ... Respondents Prayer :- Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 02.05.2014, 30.07.2015 and 17.09.2016 and pass orders.

For Petitioner :Mr.K.Anbarasan For Respondents :Mr.S.N.parthasarathi, Government Advocate, for R1 & R2

O R D E R

With the consent of both sides, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 02.05.2014, 30.07.2015 and 17.09.2016.

3. The petitioner has been appointed in the sanctioned post of Lab Assistant vide the 3rd respondent proceedings Na.Ka.Nil/K2/A/2014 dated 02.05.2014. In the meanwhile, the petitioner has understood that the 3rd respondent has forwarded proposal for granting approval for petitioner's appointment to the competent authority. The petitioner has also forwarded representations on many dates to the respondent for getting approval. But, the same were kept pending and hence, the petitioner has come forward with the above writ petition.

4. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 & 2.

5. Considering the facts and circumstances of the case, without going into the merits of the claim of the petitioner, this Court directs the petitioner to give fresh representation, along with a copy of this order, to the first respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to consider the same and pass appropriate order on merits and in accordance with law, within a period of six weeks thereafter. It is made clear that this Court has not expressed any opinion with regard to the claim projected by the petitioner and it is for the first respondent to consider the claim of the petitioner strictly on merits and in accordance with law. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The District Education Officer, O/o. The District Education Officer, Sankagiri, Salem District.

2. The Director, Director of School Education, College Road, Chennai.

+1cc to M/S.K.Anbarasan, Advocate Sr.56518 +1cc to the Government Pleader Sr.57172 W.P.No.34816 of 2016 mp[co] srg 10/11/2016