R.Balamurugan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.8302 of 2024 R.Balamurugan .. Petitioner Vs.
1. The State of Tamil Nadu, Rep by its Principal Secretary to Government, School Education Department, Secretariat, Chennai-9.
2. The Director of School Education, Directorate of School Education DPI Compound, College Road, Chennai-6.
3. The Commissioner, Treasuries and Accounts Department, Nanthanam, Chennai.
4. The Chief Educational Officer, O/o. the Chief Educational Officer, Theni, Theni District.
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5. The District Educational Officer (Private Schools), O/o. the District Educational Officer (Private Schools), Theni, Theni District.
6. The Principal, District Institute of Education and Training, Uthamapalayam, Theni District.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to consider the petitioner's representation dated 15.03.2024 for the appointment by recruitment by transfer to the post of Assistant Accounts Officers in Class IV of Tamil Nadu State Treasuries and Accounts Service for the year 2021-2022 in the light of proposal forwarded by the 6th respondent in his proceedings dated 13.06.2022 within a period that may be stipulated by this Court. For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.M.Siddharthan Additional Government Pleader 2/8
ORDER
The petitioner filed this writ petition seeking to direct the 3rd respondent to consider the petitioner's representation dated 15.03.2024, in the light of proposal forwarded by the 6th respondent in his proceedings dated 13.06.2022.
2. Heard Mr.H.Mohammed Imran, learned counsel appearing for the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final hearing at the admission stage itself.
4. The petitioner was promoted as Superintendent on 22.12.2014 at the Assistant Elementary Educational Office, Kodaikanal, Dindigul District. Thereafter he has been transferred to several places and as of now, he is working in the office of the 5th respondent. The petitioner claims that the appointment of posts of the Assistant Accounts Officer in the Treasuries and Accounts Department is governed by the Tamilnadu State Treasuries and Accounts Service 3/8
Special Rules and as per Rule 3, the Assistant Accounts Officer which comes under Clause IV posts will be appointed by way of transfer from among the holders of posts in the category of Sub-Treasury Officers Grade-I and Superintendents Grade-I in the Treasuries and Pay and Accounts Offices or by transfer from among the holders of the posts of Superintendents, Accountants, Commercial Accountants or Auditors borne on the Tamil Nadu Ministerial Service in the scale of pay applicable to Superintendent or from among persons holding similar supervisory post carrying scale of pay not less than that of the Superintendents in any other service.
3. As per the proposal which has been forwarded by the 5th respondent to the 3rd respondent to consider the petitioner to be appointed to the post of Assistant Accounts Officer by recruitment by transfer, that has not been done so far. Hence,the petitioner has given a representation and now he filed this writ petition seeking a direction to the respondents to consider his representation.
4. Since the petitioner's proposal, which has been sent to the appropriate 4/8
authority through proper channel, has not been considered so far, the petitioner has also given a representation in this regard. Hence, the third respondent is directed to consider the representation of the petitioner dated 15.03.2024 and pass orders in accordance with law and on its own merits within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No Costs. 02.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PJL To
1. The State of Tamil Nadu, Rep by its Principal Secretary to Government, School Education Department, Secretariat, Chennai-9.
2. The Director of School Education, Directorate of School Education DPI Compound, College Road, Chennai-6.
3. The Commissioner, 5/8
Treasuries and Accounts Department, Nanthanam, Chennai.
4. The Chief Educational Officer, O/o. the Chief Educational Officer, Theni, Theni District.
5. The District Educational Officer (Private Schools), O/o. the District Educational Officer (Private Schools), Theni, Theni District.
6. The Principal, District Institute of Education and Training, Uthamapalayam, Theni District.
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R.N.MANJULA , J.
PJL W.P.(MD)No.8302 of 2024 02.04.2024 8/8