The Director Of School Education v. T. Esudasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.02.2024

CORAM

THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ W.A.No.400 of 2024 AND C.M.P.No.2679 of 2024 1.The Director of School Education DPI Buildings, College Road Chennai 600 006 2.The Chief Educational Officer Thirupattur District 3.The District Educational Officer Thirupattur, Thirupattur District 4.The Chief Educational Oficer Vellore District 5.The District Educational Officer Vellore District .. Appellant Vs.

1.T.Esudasan 2.The Correspondent Concordia High School Pernambut Thirupattur District .. Respondents 1/5

Writ appeal filed under Clause 15 of the Letters Patent, against the order dated 25.01.2023 passed in W.P.No.2036 of 2023. For Appellants : Mrs.Mythreye Chandru Special Government Pleader

JUDGMENT

(Judgment of the court was delivered by R. MAHADEVAN, J.) The Educational authorities have preferred this intra-court appeal, as against the order dated 25.01.2023 passed by the learned Judge in W.P.No.2036 of 2023.

2. The first respondent herein was the petitioner in the aforesaid writ petition. He has come up with the same for a mandamus directing the second appellant herein to approve his promotion and appointment as Headmaster in the second respondent school with effect from 07.06.2017 with all consequential monetary benefits on the basis of the proposal dated 05.06.2017 submitted by the second respondent school, within a time frame. 2/5

3. The learned Judge by order dated 25.01.2023, disposed of the writ petition, by directing the appellants 4 and 5 herein, to act upon the proposal that has been forwarded by the second respondent school, within a period of four weeks from the date of receipt of a copy of the order. The first respondent herein was also directed to forward his representation through the second respondent school to the appellants 4 and 5 along with the relevant documents. Aggrieved by the same, the authorities are before this court with the present appeal.

4. Today, when the matter was taken up, the learned Special Government Pleader appearing for the appellants, after making arguments, ultimately submitted that it would suffice, if the authorities are granted some more time to pass orders on the proposal submitted by the second respondent school, on the basis of the materials submitted by the 1st respondent, which are now available with them, as the time granted by the learned Judge has expired.

5. In view of the limited relief now sought by the learned Special Government Pleader appearing for the appellants, this court, without going into the merits of the case, grants four weeks time from the date of receipt of a copy of this judgment, for passing appropriate orders, on the proposal submitted by 3/5

the second respondent school, based on the materials submitted by the first respondent, as directed by the learned Judge in the order impugned herein.

6. Accordingly, this writ appeal stands disposed of. No costs. Connected Miscellaneous Petition is closed.

[R.M.D, J.] [M.S.Q, J.] 07.02.2024 gya To 1.The Director of School Education DPI Buildings, College Road Chennai 600 006 2.The Chief Educational Officer Thirupattur District 3.The District Educational Officer Thirupattur, Thirupattur District 4.The Chief Educational Oficer Vellore District 5.The District Educational Officer Vellore District 6.The Correspondent Concordia High School Pernambut Thirupattur District 4/5

R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

gya 07.02.2024 5/5