Suruliraj, S/O.R.Sadamuthu, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.13869 of 2019 Suruliraj, S/o.R.Sadamuthu ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Principal Secretary, School Education Department, Fort St. George, Chennai - 600 009.
2.The Director of Elementary Education, DPI Complex, College Road, Chennai.
[Second respondent's name amended as per order dated 25.06.2018, made in W.M.P.(MD)No.10530/2019] 3.The Chief Educational Officer, Theni District, Theni.
4.The District Educational Officer, Uthamapalayam, Theni District.
5.The Block Educational Officer, Cumbum, Theni District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to promote the petitioner to the post of Headmaster, Middle School, in the light of G.O.Ms.No.400, Education and Technology Department, dated 25.05.1995, by considering the petitioner's representation dated 16.04.2019. For Petitioner : Mr.S.Ramasamy for Mr.R.Alagarsamy For Respondents : Mr.A.Thiagarajan Government Advocate
ORDER
This Writ Petition has been filed seeking a direction to the respondents to promote the petitioner to the post of
Headmaster, Middle School, in the light of G.O.Ms.No.400, Education, Science and Technology Department, dated 25.05.1995, by considering the petitioner's representation dated 16.04.2019. 2.Mr.A.Thiagarajan, learned Government Advocate takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.According to the petitioner, he was appointed as a Teacher in S.Pudur Union Middle School at Sivagangai District, on 14.09.2005 and thereafter, he was transferred to Theni District and thereafter, he was transferred to Cumbum Union Kellakudalur Middle School and working since 21.09.2011. His name was found place at Serial No.1 in the promotion list as on 01.01.2019. As per G.O.Ms.No.400, Education, Science and Technology Department, dated 25.05.1995, the petitioner's name has to be recommended for promotion to the post of Headmaster in the Middle School by the respondents, but the respondents recommended one Vilangu Rajan for the said post, which is against the said Government Order. Hence, the petitioner has sent a representation dated 16.04.2019 to the respondents, but, so far no action has been taken. Hence, the present Writ Petition.
4.The learned Government Advocate appearing for the respondents submitted that the second respondent would consider and pass appropriate orders on the petitioner's representation, within a time frame to be fixed by this Court. 5.Recording the above said submission made by the learned Government Advocate appearing for the respondents, without going into the merits of the case, this Court directs the second respondent to consider the petitioner's representation dated 16.04.2019 and pass appropriate orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.
6.This Writ Petition is disposed of, with the above direction. No costs.
Sd/- Assistant Registrar (RECORDS) // True Copy // Sub Assistant Registrar(CS ) smn2 To 1.The Principal Secretary to Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.
2.The Director of Elementary Education, DPI Complex, College Road, Chennai.
3.The Chief Educational Officer, Theni District, Theni.
4.The District Educational Officer, Uthamapalayam, Theni District.
5.The Block Educational Officer, Cumbum, Theni District.
+1CC TO M/S.S.RAMASAMY, ADVOCATE, SR. NO.7314 +1CC TO M/S. SPECIAL GOVERNMENT PLEADER SR.NO.71598 W.P.(MD)No.13869 of 2019 BUC(09.07.2019) 3P 8C