R.Pandian v. The Joit Director Of School Education(Personnel)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.Nos.34556 & 34557 of 2018 R.Pandian .. Petitioner in W.P.No.34556 of 2018 A.Krishnamoorthy .. Petitioner in W.P.No.34557 of 2018 Vs.

1. The Joint Director of School Education ( Personnel ) Directorate of School Educational DPI Campus, Chennai - 600 006

2. The Chief Educational Officer Ariyalur District Ariyalur

3. The District Educational Officer Udayarpalayam Ariyalur District .. Respondents in both Writ petitions COMMON PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to pass orders for regularizing the period of suspension from 21.05.2003 to 20.08.2003 in favour of the petitioner with all consequential and other attendant benefits including seniority and promotion on par with juniors, based on the representation submitted by the petitioner dated 25.07.2017, within a time frame. For Petitioner : Mr.S.Nedunchezhiyan ( in both Wps ) For Respondent : Mr.A.Rajaperumal Additional Government Pleader ( in both Wps ) C O M M O N O R D E R The relief sought for in these writ petitions are for a direction to direct the respondents to regularise the period of https://hcservices.ecourts.gov.in/hcservices/

suspension from 21.05.2003 to 20.08.2003 in favour of the petitioner.

2. The learned counsel for the writ petitioner states that the disciplinary proceedings are in progress and the final order is yet to be passed. The regularisation of the period of suspension can be undertaken only after passing the final orders in the departmental disciplinary proceedings. The competent authorities are empowered to pass orders, even in respect of the period of suspension, while passing the final orders.

3. This being the rules to be followed, this Court is of the opinion that during the pendency of the disciplinary proceedings, the relief as such sought to regularise the services cannot be granted. All claims of the writ petitioners can be considered only after the disposal of the disciplinary proceedings by the competent authorities.

4. Accordingly, these writ petitions stands dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Kmm/pns To

1. The Joint Director of School Education ( Personnel ) Directorate of School Educational DPI Campus, Chennai - 600 006

2. The Chief Educational Officer Ariyalur District, Ariyalur

3. The District Educational Officer Udayarpalayam, Ariyalur District.

+1 cc to The Government Pleader, Sr.No.17634 W.P.No.34556 & 34557 of 2018 GJ(CO) CSL/27.03.2019 https://hcservices.ecourts.gov.in/hcservices/