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Madras High CourtWP/1307/2023dismissed

R.Jyothinayagam v. The Commissioner

2023-01-20Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.1307 of 2023 Mr.R.Jyothinayagam Petitioner vs.

1.The Commissioner, Directorate of School Education, DPI Complex, College Road, Chennai - 600 006.

2.The Director, Elementary School Education, DPI Complex, College Road, Chennai - 600 006 3.The District Educationl Officer, Chennai East Education District Office, Lady Wellington College Campus, Chennai - 600 005 4.The Block Educational Officer, Royapuram Range II, Royapuram, Chennai - 600 013.

5.The Correspondent, CSI Rajagopal Primary School, No.34, East Kalmandapam Road, Royapuram, Chennai - 600 013.

6.The District Educational Officer, Erode District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the record relating to the 3rd Respondent's Impugned order in Na.Ka. No. 1471/M4/2022 dated 11.05.2022, quash the same and to issue consequential directions to the 3rd respondent to grant relaxation of relevant rule with regard to the corrections in the service register in favour of petitioner. For Petitioner : M/s.S.Thankira For Respondents : Mr.RU.Dinesh Rajkumar Additional Government Pleader

O R D E R

This writ petition has been filed challenging the proceedings of the 3rd respondent, dated 11.05.2022 and for a consequential direction to the 3rd respondent to grant relaxation of the Rule and to make necessary correction in the Service Register in favour of the petitioner and to grant the necessary benefits to the petitioner.

2.The case of the petitioner is that he joined the 5th respondent School as a Secondary Grade Assistant on 29.02.1980. He continued in the said School till 28.11.1984. Thereafter, the petitioner gave a letter to the 5th respondent with

a request to relieve him from his services. Accordingly, the petitioner was relieved from his duty. According to the petitioner, the 5th respondent had signed in the Service Register of the petitioner as if he was relieved only on 01.12.1984, instead of mentioning as 28.11.1984. Thereby, the entry made in the Service Register gave an impression that the petitioner had worked in the 5th respondent School on 29th and 30th of November 1984 also. 3.The further case of the petitioner is that he thereafter joined the Government Higher Secondary School at Thandampalayam on 29.11.1984 and ultimately, he attained superannuation and retired from service on 31.03.2010. 4.

The grievance of the petitioner is that the period of four years and nine months which he had worked was not included in the Selection Grade and as a result, he was not able to get the necessary benefits. Hence, the petitioner after retiring in the year 2010, made a representation for the first time on 06.12.2021, after eleven years to make the necessary correction in the Service Register. 5.The representation made by the petitioner was rejected by the 3rd respondent through the impugned proceedings dated 11.05.2022. Aggrieved by the same, the present writ petition has been filed before this Court.

6.Heard Ms.S.Thankira, learned counsel appearing on behalf of the petitioner and Mr.D.Ravichander, learned Special Government Pleader appearing on behalf of the respondents.

7.On carefully going through the order passed by the 3rd respondent, it can be seen that the petitioner was seeking for correction in the Service Register with regard to an entry that was made 37 years back. This request was made by the petitioner after 11 years, since he retired. Therefore, the 3rd respondent rightly rejected the claim made by the petitioner. This Court does not find any illegality in the order passed by the 3rd respondent and it does not warrant the interference of this Court and there are absolutely no merits in this writ petition.

8.Accordingly, this writ petition stands dismissed. No Costs. 20.01.2023 Index : Yes/No (2/2) Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr

To 1.The Commissioner, Directorate of School Education, DPI Complex, College Road, Chennai - 600 006.

2.The Director, Elementary School Education, DPI Complex, College Road, Chennai - 600 006 3.The District Educationl Officer, Chennai East Education District Office, Lady Wellington College Campus, Chennai - 600 005 4.The Block Educational Officer, Royapuram Range II, Royapuram, Chennai - 600 013.

5.The Correspondent, CSI Rajagopal Primary School, No.34, East Kalmandapam Road, Royapuram, Chennai - 600 013.

6.The District Educational Officer, Erode District.

N. ANAND VENKATESH, J.

ssr W.P No.1307 of 2023 20.01.2023 (2/2)