Rajasekaran, v. District Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2018
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD) No.11922 of 2018 Rajasekaran ... Petitioner -vs1. District Educational Officer, Srivilliputhur Educational District, Srivilliputhur, Virudhunagar District.
2. The Secretary Hindu Higher Secondary School Watrap Virudhunagar District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to approve the promotion given to the petitioner as Headmaster of the 2nd respondent school namely, Hindu Higher Secondary School, Watrap with effect from 11.12.2017 as per the proposal submitted by the 2nd respondent school dated 10.12.2017 with resubmission dated 27.02.2018 with all salary and consequential monetary benefits.
For Petitioner : Mr.K.K.Kannan For Respondent 1 : Mrs.S.Srimathy Special Government Pleader
O R D E R
The prayer in the writ petition is for a Writ of Mandamus to direct the 1st respondent to approve the promotion given to the petitioner as Headmaster of the 2nd respondent school namely, Hindu Higher Secondary School, Watrap with effect from 11.12.2017 as per the proposal submitted by the 2nd respondent school dated 10.12.2017 with resubmission dated 27.02.2018 with all salary and consequential monetary benefits.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader, who accepts notice for the 1st respondent. Since no adverse order is going to be passed against the second respondent, notice to the second respondent is
dispensed with.
3. The petitioner was promoted as Headmaster at the 2nd respondent School by the proceeding of the second respondent School dated 10.12.2017. The said proposal was immediately sent by the School to the first respondent for approval. On receipt of the proposal, the first respondent by his communication dated 22.02.2018, returned the proposal stating that the petitioner did not have 10 years experience as B.T.Assistant.
4. In response to the same and by way of clarifications/compliance, the second respondent School had once again sent a proposal on 27.02.2018, along with the certificate of experience stating that the petitioner had been working as B.T.Assistant for more than 23 years under various capacities. In spite of the said compliance having been made, since no consideration has been shown and no order so far has been passed by the first respondent, the petitioner has approached this Court by this writ petition.
5. I have heard the learned Special Government Pleader for the first respondent, who would submit that the said resubmitted proposal dated 27.02.2018 along with the certificates of experience submitted by the second respondent School in respect of the promotion given to the petitioner would be considered by the first respondent and an order to that effect with regard to the approval of the said promotion shall be passed on merits and in accordance with law within the time to be specified by this Court.
6. In view of the said submissions made by the learned Special Government Pleader for the first respondent, this writ petition is disposed of with the following direction:
"That the first respondent shall consider the resubmitted proposal dated 27.02.2018 of the second respondent School with regard to the promotion of the petitioner as Headmaster of the School along with the relevant documents on merits and in accordance with law and an order to that effect shall be passed within a period of four weeks from the date of receipt of a copy of this order." No costs.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The District Educational Officer, Srivilliputhur Educational District, Srivilliputhur, Virudhunagar District.
+1cc to Mr.K.K.Kannan, Advocate Sr.No.66859 +1cc to SPECIAL GOVERNMENT PLEADER, Sr.No.67142 Rr MK/SV MMS/SAR 2/18.06.2018/3P/4C W.P.(MD) No.11922 of 2018 06.06.2018