Manivannan.R v. The Director Of School Education

W.P.(MD) No.4084 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.4084 of 2021 and W.M.P(MD) No.3278 of 2021 R.Manivannan

...Petitioner

Vs.

1.The Director of School Education, DPI Complex, Chennai.

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

3.The District Educational Officer, Orathanadu, Thanjavur District.

4.The Block Educational Officer, Thiruvonam, Thanjavur District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd and 4th respondents to give promotion as per the panel list dated 19.03.2020 preferred by the 3rd respondent for the year 2020. For Petitioner : Mr.G.Karnan For Respondents : Mr.A.Thiyagarajan Government Advocate

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 2.The grievance of the petitioner is that the respondents herein have not considered his candidature for the purpose of promotion as per the panel list dated, 19.03.2020, which was prepared by the third respondent. It is the settled proposition of law that writ of mandamus would not usually lie, unless the concerned Government employee approached the authority with the requisition expressing his grievance and only in case, when such a request is either rejected or not considered for a considerable time, this Court would entertain the writ petitions. 3.Nevertheless, if the petitioner is granted liberty to make a representation to the concerned authorities with a consequential https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.4084 of 2021 direction to consider such representation, the ends of justice could be secured.

4.In the light of the above observations, the petitioner is granted liberty to make an appropriate application to the second respondent ventilating his grievances and on receipt of such representation, the second respondent shall consider it on its own merits and in accordance with law, within a period of eight weeks thereafter.

5.With the above liberty, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Director of School Education, DPI Complex, Chennai.

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

3.The District Educational Officer, Orathanadu, Thanjavur District.

4.The Block Educational Officer, Thiruvonam, Thanjavur District.

+1 CC to M/s.G.KARNAN, Advocate ( SR-7170[F] dated 25/02/2021 ) +1 CC to M/s.SPL GP ( SR-7529[F] dated 26/02/2021 ) W.P.(MD) No.4084 of 2021 25.02.2021 KVN(CO) KK(01.03.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2