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Madras High CourtWP/29629/2022disposed of

T.Paul Pandi v. The State Of Tamil Nadu Rep. By

2022-11-08Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:08.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.29629 of 2022 & W.M.P.No.29019 of 2022 T.Paul Pandi ... Petitioner vs.

1 The State of Tamil Nadu rep. by The Secretary to Government School Education Department, Secretariat, Chennai 09 2 The Director of School Education College Road, Chennai 06 3 The Chief Educational officer Nagapattinam 4 The District Educational officer, Nagapattinam 5 The Head Master Government High School, Vadakku Poigainallur Nagapattinam District ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus , the respondents to consider the petitioners representation dated 04.10.2022 to give promotion to the post of Junior 1/6

Assistant in light of proposal sent by the 5th respondent in Na.ka.No. 42 / 2021 dated 31.08.2021 with all consequential benefits and arrears. For Petitioner : Mr.S.Esairani Narasimman For Respondents 1 to 4 : Mr.S.Yashwanth, 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 04.10.2022 seeking for promotion to the post of Junior Assistant in the light of the proposal sent by the fifth respondent School dated 31.08.2021 within a time frame to be fixed by this Court.

2. Mr.S.Yashwanth, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 4. Since no adverse orders are going to be passed against the fifth respondent, notice to the fifth respondent is dispensed with by this Court.

3. According to the petitioner, he is a night watchman working under the fifth respondent School eversince his date of appointment on 2/6

01.12.2012. However, according to him, despite the proposal having been sent by the fifth respondent School on 31.08.2021 seeking to promote the petitioner as a Junior Assistant, the proposal is yet to be approved by the official respondents. The petitioner has also given a representation on 04.10.2022 for the aforementioned purpose. Since his representation has not been considered till date, he has filed this writ petition.

4. Heard Mr.S.Esairani Narasimman, learned counsel for the petitioner and Mr.S.Yashwanth, learned Additional Government Pleader appearing for the respondents 1 to 4 .

5. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law within a time frame to be fixed by this Court.

6. For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioner's representation dated 04.10.2022 requesting for approval for the petitioner's promotion as Junior Assistant in the fifth respondent School based on the fifth respondent proposal dated 3/6

31.08.2021, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this Order.

7. With the aforesaid direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 08.11.2022 nl Index:Yes/No Speaking/Non-speaking orders 4/6

To 1 The Secretary to Government School Education Department, Secretariat, Chennai 09 2 The Director of School Education College Road, Chennai 06 3 The Chief Educational officer Nagapattinam 4 The District Educational officer, Nagapattinam 5/6

ABDUL QUDDHOSE, J.

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