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Madras High CourtWP/32079/2022disposed of

K.Jothilingam v. The Commissioner Of School Educaiton,

2022-11-30Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.11.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K. Jothilingam .. Petitioner Vs.

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

2.The Chief Educational Officer, Villupuram District, Villupuram.

3.The District Educational Officer, Villupuram Education District, Villupuram, Villupuram District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to award Selection Grade to the petitioner in the post of B.T. Assitant (Physics) on completion of 10 years of service as on 24.08.2018, in consideration of proposal forwarded by the Headmaster of Government High School, Semangalam, Villupuram District in Na.Ka.No.62/18-19 1/6

dated 19.09.2018, in consideration of representation submitted by the petitioner dated 24.08.2018, with all consequential and other attendant benefits, within a time frame to be fixed by this Court. For Petitioner : Mr.G. Sankaran For Respondents : Mr.S. Yashwanth, Additional Government Pleader

ORDER

This Writ Petition has been filed for a mandamus seeking for a direction to the respondents to consider and pass final orders on the petitioner's representation dated 24.08.2018, requesting to award him Selection Grade in the post of B.T. Assitant (Physics) on completion of 10 years of service, in consideration of proposal forwarded by the Headmaster of Government High School, Semangalam, Villupuram District in Na.Ka.No.62/18-19 dated 19.09.2018, with all consequential and other attendant benefits, within a time frame to be fixed by this Court.

2. Heard Mr.G. Sankaran, learned counsel for the petitioner. Mr.S.Yashwanth, learned Special Government Pleader, accepts notice on behalf of the respondents. By consent of both the parties, this Writ Petition 2/6

is taken up for final disposal at the admission stage itself.

3. The grievance of the petitioner is that despite completing 10 years of service in the post of B.T. Assistant (Physics) on 24.08.2018, the petitioner has not been granted Selection Grade by the respondents. According to the petitioner, the Headmaster of the Government High School, Semangalam, Villupuram District, has forwarded a proposal to the second respondent, requesting him to sanction Selection Grade to the petitioner.

4. As seen from the document filed along with this Writ Petition, the said proposal submitted by the Headmaster of the Government High School, Semangalam, Villupuram District, has been returned by the second respondent for certain compliances.

5. The learned counsel for the petitioner would now submit that the petitioner is willing to comply with the requirements of the second respondent.

6. No prejudice will be caused to the respondents if the petitioner is 3/6

allowed to submit a representation to the Headmaster of the Government High School, Semangalam, Villupuram District, after duly complying with the requirements of the second respondent and on receipt of the proposal from the Headmaster of the Government High School, Semangalam, Villupuram District, a direction can be issued to the second respondent to pass final orders on merits and in accordance with law on the said proposal, requesting for approval for sanctioning Selection Grade to the petitioner, within a time frame to be fixed by this Court.

7. For the foregoing reasons, this Writ Petition is disposed of, by directing the petitioner to submit a representation to the Headmaster of the Government High School, Semangalam, Villupuram District, requesting him to forward the proposal to the second respondent, seeking for sanction of Selection Grade to the petitioner and on receipt of the said proposal from the Headmaster of the Government High School, Semangalam, Villupuram District, the third respondent shall pass final orders on merits and in accordance with law, within a period of twelve (12) weeks thereafter. No costs.

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Index: Yes/No Sni To 1.The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Villupuram District, Villupuram.

3.The District Educational Officer, Villupuram Education District, Villupuram, Villupuram District.

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ABDUL QUDDHOSE,J.

Sni 30.11.2022 6/6