V.Palaniyandi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.10315 of 2019 V.Palaniyandi ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai - 9.

2. The Director of School Education, O/o.The Directorate of School Education, DPI Compound, Chennai - 6.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 18.03.2019 seeking notional promotion to the post of Chief Educational Officer for the year 2014 in the light of order of punishment set-aside by this Court in W.P.(MD).No.1147 of 2018 dated 02.03.2018.

For Petitioner : Mr.C.Venkatesh Kumar For Respondents : Mrs.S.Srimathy, Special Government Pleader.

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 18.03.2019 seeking notional promotion to the post of Chief Educational Officer for the year 2014 in the light of the order passed by this Court in W.P.(MD).No.1147 of 2018, dated 02.03.2018.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

3.The grievance of the petitioner is that he was issued with charge-memo and the first respondent, vide order, dated 19.07.2016 passed the impugned order. Challenging the same, the petitioner filed a Writ Petition in W.P(MD)No.1147 of 2018. This Court by order, dated 02.03.2018, quashed the impugned order by allowing the writ petition. Hence, seeking notional promotion to the post of Chief Educational Officer for the year, 2014, the petitioner sent a https://hcservices.ecourts.gov.in/hcservices/

representation, dated 18.03.2019, to the respondents. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

4.The learned Special Government Pleader appearing for the respondents submitted that the representation of the petitioner would be considered on merits.

5.In view of the above, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 18.03.2019 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government, Rep. by the State of Tamil Nadu, School Education Department, Secretariat, Chennai - 9.

2. The Director of School Education, O/o.The Directorate of School Education, DPI Compound, Chennai - 6.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-63272[F] dated 27/04/2019 ) W.P(MD)No.10315 of 2019 26.04.2019 ps MK/16.05.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/