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Madras High CourtWP/31178/2019disposed of

R.Perumal v. The Secretary To Government

2019-11-05Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.31178 of 2019 R.Perumal ..Petitioner vs 1.The Secretary to Government, School Education Department, Government of Tamil Nadu, Secretariat, Chennai- 600 009 2.The Director of School Education, DPI Campus, Nungambakkam Chennai- 600 006 3.The District Collector, Krishnagiri District, Krishnagiri 4.The Chief Educational Officer, Krishnagiri .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue an appropriate order or direction or Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in proceedings No.O.M.No.6488/B1/2019 dated 01.10.2019 on the file of the 4th respondent and quash the same, consequently, direct the respondents to provide suitable job to the petitioner's son based on his educational qualification for having taken over the petitioner's land within a reasonable time to be fixed by this court.

For Petitioner : Mr.K.Ramesh For Respondents : Mr.C.Munusamy Special Government Pleader for Education

O R D E R

The petitioner filed this Writ Petition seeking to call for the records pertaining to the impugned order in proceedings No.O.M.No.6488/B1/2019 dated 01.10.2019 on the file of the 4th respondent and quash the same, consequently, direct the respondents to provide suitable job to the petitioner's son based on his educational qualification for having taken over the petitioner's land.

2. It is the case of the petitioner that School Education Department has taken his 11 cents of land in Sonarahalli Village in Krishnagiri District for establishment of class rooms for a school without his consent and put up the construction. As the petitioner cannot take back his lands, he sent a representation dated 10.05.2019 to Respondents 1 to 4 requesting them to provide Government job to his son, namely Gopi. The said representation was rejected on the ground that the petitioner cannot be given preference in employment as per G.O.Ms.No.188 dated 28.12.1976, since there is no provision for providing such employment. Hence, the petitioner has come forward with this writ petition.

3. The learned counsel for the petitioner submitted that it would suffice if a direction is given to the respondents to consider his representation dated 26.09.2019 and pass order on merits and in accordance with law.

4. Mr.C.Munusamy Special Government Pleader appearing for the respondents conceded with the limited request made by the learned counsel for the petitioner.

5. Considering the above facts and circumstances and the limited request made by the petitioner, this Court directs the petitioner to give a fresh representation to the Competent Authority for availing the benefits of the Government Order. On receipt of the same, the Competent Authority is directed to consider and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks thereafter.

6.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar vsn

TO 1.The Secretary to Government, School Education Department, Government of Tamil Nadu, Secretariat, Chennai- 600 009 2.The Director of School Education, DPI Campus, Nungambakkam Chennai- 600 006 3.The District Collector, Krishnagiri District, Krishnagiri 4.The Chief Educational Officer, Krishnagiri.

+1cc to Mr.K.Ramesh, Advocate, S.R.No. 92637 +1cc to the Government Pleader, S.R.No. 92487 W.P.No.31178 of 2019 BR(CO) GN(11/12/2019)