S.Ilanthendral v. The Joint Director(Aided Schools)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No. 30465 of 2018 S.Ilanthendral

...Petitioner

Vs 1.The Joint Director (Aided Schools), Tamil Nadu Elementary Education, DPI Campus, College Road, Chennai - 600 006.

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

3.The District Educational Officer, Bhavani Educational District, Bhavani, Erode District.

4.The Correspondent/Secretary, Periyasamy Aided Elementary School, Mettur Main Road, Ammapettai, Bhavani Taluk, Erode District - 638 311. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 2nd respondent to dispose the appeal preferred by the petitioner dated 06.08.2018 and 14.08.2018 against the order of termination passed by the 4th respondent in proceedings in Na.Ka.No.354/A1/2018 dated 30.07.2018.

For Petitioner : Mr.S.Doraisamy For Respondents : Mrs.P.Kavitha Government Advocate

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2.The prayer made in this writ petition is to direct the 2nd respondent to dispose of the appeals preferred by the petitioner dated 06.08.2018 and 14.08.2018.

3.According to the learned counsel for the petitioner, the petitioner has filed appeals on 06.08.2018 and 14.08.2018 to the second respondent against the order of termination passed by the 4th respondent vide his proceedings in Na.Ka.No.354/A1/2018 dated 30.07.2018 and the said appeals are pending without any consideration. Hence, this Writ Petition.

4.Mrs.P.Kavitha, learned Government Advocate, taking notice for the 2nd respondent, fairly submitted that the 2nd respondent be directed to consider the petitioner's appeals and pass orders in accordance with law.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the 2nd respondent to consider the petitioner's appeals dated 06.08.2018 and 14.08.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner as well as any of the interested parties, within a period of twelve weeks from the date of receipt of a copy of this order. 6.Accordingly, this writ petition stands disposed of. No costs.

jas/msv Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Joint Director (Aided Schools), Tamil Nadu Elementary Education, DPI Campus, College Road, Chennai - 600 006.

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

3.The District Educational Officer, Bhavani Educational District, Bhavani, Erode District.

4.The Correspondent/Secretary, Periyasamy Aided Elementary School, Mettur Main Road, Ammapettai, Bhavani Taluk, Erode District - 638 311.

l +1cc to Mr.S.Doraisamy, Advocate, S.R.No.79105 +1cc to the Government Pleader, S.R.No.79965. W.P.No. 30465 of 2018 rv(co) kak(28/12/2018)