K.Balachandran v. The Commissioner School Education Department
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:13.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K.Balachandran ... Petitioner vs.
1.The Commissioner School Education Department, DPI Campus, College Road, Chennai - 600 006.
2.The Director of Elementary Education Department DPI Campus, College Road, Chennai - 600 006.
3.The Joint Director, School Education Department, DPI Campus, College Road, Chennai - 600 006.
4.The District Elementary Education Officer, Perur, Coimbatore District.
...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the Respondents to consider the representation submitted by the petitioner dated 22.08.2022 to review the order of suspension issued by the 4th respondent in RC.No. 5357/A1/2009 dated 08.10.2009 as per GO. No.81 dated 04.08.2022 by the Human Recourse 1/6
Management (N) Department and thereby reinstate the Petitioner into service even in any non sensitive post with all consequential benefits, within a time frame to be fixed by this Court.
For Petitioner : Mr. Nedunchezhiyan For Respondents : Mr.C. Sathish Government Advocate
ORDER
This writ petition has been filed for a mandamus seeking for a direction to the respondents to consider the petitioner's representation dated 22.08.2022 seeking for review of the suspension order dated 08.10.2009 passed against him by the 4th respondent, in the light of G.O. No.81 dated 04.08.2022 issued by the Human Recourse Management (N) Department within a time frame to be fixed by this Court.
2. Mr.C.Sathish, learned Government Advocate accepts notice on behalf of the respondents. By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.
3. G.O.No.81 dated 04.08.2022 issued by the Human Recourse Management (N) Department referred to supra prescribes guidelines for 2/6
revocation of suspension orders. The petitioner has been suspended from service on 04.10.2009. He has given a representation on 22.08.2022 seeking for review of the suspension order in terms of the aforementioned G.O.
4. Heard Mr. S. Nedunchezhiyan Learned counsel for the petitioner and Mr.C.Sathish learned Government Advocate appearing for the respondents.
5. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law within a time frame to be fixed by this court, in the light of the aforementioned G.O.
6. For the forgoing reasons, this court directs the respondents to pass final orders on the petitioner's representation dated 22.08.2022 seeking for review of his suspension order dated 08.10.2009, in the light of GO. No.81 dated 04.08.2022 issued by the Human Recourse Management (N) Department, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 3/6
7. With the aforesaid directions this Writ Petition is disposed of. No costs.
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To 1.The Commissioner School Education Department, DPI Campus, College Road, Chennai - 600 006.
2.The Director of Elementary Education Department DPI Campus, College Road, Chennai - 600 006.
3.The Joint Director, School Education Department, DPI Campus, College Road, Chennai - 600 006.
4.The District Elementary Education Officer, Perur, Coimbatore District.
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ABDUL QUDDHOSE, J.
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