Madras High CourtWP/39150/2016disposed of

E.Soundararajan v. The Principal Secretary To

2017-09-07Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.39150 of 2016 E.Soundararajan ..

Petitioner -vs1. The Principal Secretary to Government Education Department Fort St.George Chennai 600 009

2. The Joint Director of School Education (Middle Schools) Chennai 600 006

3. The Chief Educational Officer Kanchipuram

4. The District Educational Officer Kanchipuram

5. The Secretary/Correspondent W.T.Masilamani Mudaliyar Higher Secondary School Walajabad 631 605 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent herein to consider the petitioner's representation dated 26.9.2016 and reinstate the petitioner into the service by giving posting in the 5th respondent School or in any other school at Kanchipuram where vacancies are available with all benefits from 2.6.2012 within a reasonable time as this Hon'ble Court may deem fit and proper in the circumstances of the case. For Petitioner :: Mr.R.S.Anandan For Respondents:: Mr.S.Gunasekaran Additional Government Pleader for R1 to 4 Mr.R.Gopinath for R5

ORDER

The relief sought for in this writ petition is for a direction to the first respondent to consider the petitioner's representation dated 26.9.2016 with regard to reinstatement of the writ petitioner into service.

2. The learned counsel for the writ petitioner submits that the petitioner was appointed in the fifth respondent School as Record Clerk in the year 1987 and promoted to the post of Laboratory Assistant on 9.11.2005. Further promotion was accorded to the petitioner to the post of Junior Assistant on 2.6.2008.

On account of certain allegations, the writ petitioner was placed under suspension and disciplinary proceedings were initiated and the same got concluded with an order of dismissal from service. The petitioner preferred an appeal and the same was allowed. Thus, the writ petitioner is to be reinstated into service. The fifth respondent has not initiated any action to reinstate the petitioner in service and the proposal submitted seeking approval of the punishment order was also rejected by the third respondent. The appeal thereafter filed before the second respondent was also rejected.

3. The learned Additional Government Pleader for the respondents 1 to 4 also submits that the proposal for approval was negatived by the competent authorities and therefore the writ petitioner is to be reinstated in service without any further delay. In this regard, the writ petitioner has submitted a representation on 26.9.2016 to the first respondent and the same is yet to be considered.

4. Considering the facts and circumstances of the case, the first respondent is directed to consider the representation submitted by the writ petitioner on 26.9.2016 and pass orders on merits within a period of six weeks from the date of receipt of a copy of this order. Accordingly, the writ petition stands disposed of. However, no order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ss

1. The Principal Secretary to Government Education Department Fort St.George Chennai 600 009

2. The Joint Director of School Education (Middle Schools) Chennai 600 006

3. The Chief Educational Officer Kanchipuram

4. The District Educational Officer Kanchipuram +1cc to Mr.R.S.Anandan, Advocate sr.65004 +1cc to Mr.R.Gopinath, Advocate sr.65194 +1cc to Government Pleader sr.65472 W.P.No.39150 of 2016 sks(co) ss(26/9/2017)