G.Sathyamurthy, v. Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28675 of 2019 and W.M.P.Nos.28437 & 28438 of 2019 G.Sathyamurthy .. Petitioner Vs.
1.Government of Tamil Nadu, rep by its Secretary, School Education Department, Fort. St. George, Chennai - 600 009.
2.The Director, Tamilnadu Elementary Education, Chennai - 600 006.
3.The Chief Educational Officer, Villupuram District, Villupuram.
4.The District Educational Officer, Villupuram District, Villupuram.
5.The Block Educational Officer, Kanai, Villupuram District - 605 301.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the Chief Educational Officer, Villupuram, the 3rd Respondent herein vide proceedings No.Na.Ka.No.3118/Aa3/2019 dated 30.08.2019 and to quash the same. For Petitioner : Mr.S.Chandrasekar For Respondents : Ms.P.Kavitha Government Advocate
O R D E R
This Writ Petition is filed for a Writ of Certiorari, calling for the records of the Chief Educational Officer, Villupuram, the third respondent herein vide proceedings No.Na.Ka.No.3118/Aa3/2019 dated 30.08.2019 and to quash the same.
2. The learned counsel for the petitioner would submit that the petitioner was transferred from Nallapalayam to Chozhaganur of Koliyanur Panchayat Union and the petitioner joined at Panchayat Union Middle School, Chozhaganur of Koliyanur Panchayat Union. Thereafter, the petitioner submitted that there was two vacancies in the same school where the petitioner was originally transferred from and the petitioner made a representation to the third respondent only on 27.11.2019 and the same was rejected. Hence, this Court may permit the petitioner to make a fresh representation to the concerned Authority to work in the same School, where he was originally transferred from.
3. Heard the learned counsel for the petitioner and learned Government Advocate appearing for the respondents and perused the entire materials on record.
4. A perusal of the records would show that this Court by the order dated 06.11.2019 made in W.P.No.21715 of 2018 and etc., batch, permitted the petitioner to make a proper representation before the concerned Authorities on or before 13.11.2019. However, it is seen from the available records that the petitioner made representation to the third respondent only on 27.11.2019 and the learned counsel for the petitioner submitted that the representation sent by the petitioner dated 27.11.2019 has been rejected by the third respondent for not making the representation in time.
5. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, this Court permits the petitioner to make a fresh representation to the concerned Authority within a period of two weeks from the date of receipt of a copy of this order. If any such representation is made by the petitioner within the stipulated time, the concerned Authority shall consider the same and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, the Writ Petition is disposed of. No costs. Consequently connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar
krk To 1.The Secretary, Government of Tamil Nadu, School Education Department, Fort. St. George, Chennai - 600 009.
2.The Director, Tamilnadu Elementary Education, Chennai - 600 006.
3.The Chief Educational Officer, Villupuram District, Villupuram.
4.The District Educational Officer, Villupuram District, Villupuram.
5.The Block Educational Officer, Kanai, Villupuram District - 605 301.
+1cc to Mr.A.Chandrasekar , Advocate SR.No. 106506 +1 cc to Government Pleader Sr.No. 100465 W.P.No.28675 of 2019 A.SK(20/12/2019)