S. Sekar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.14294 of 2015 and MP(MD)No.2 of 2015 1.S.Sekar 2.R.Mohandass 3.K.Murugan 4.A.Elangovan ... Petitioners Vs.
1.The State of Tamil Nadu, Represented by the Secretary to Government, Education Department, Secretariat, Chennai - 9.
2.The Director of School Education, College Road, Chennai - 6.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to follow the ratio of 50:50 for further promotion to the post of High School Headmaster or P.G.Assistant in the light of the same nature of Ratio fixed and followed for promotion to the post of Higher Secondary School Headmaster by way of G.O.Ms.No.720, Education Department, dated 28.4.1981 notifying the Tamilnadu Higher Secondary Education Service Special Rules or follow the date of regular appointment to the post of B.T.Assistant either from the direct recruitment source or from the promotion source to the post of B.T.Assistant for further promotion by placing the petitioners over and above direct recruits appointed in excess of their quota of 50% in the post of B.T.Assistant.
For Petitioners : Mr.D.Selvanayagam For Respondents : Mrs.S.Srimathy, Special Government Pleader
ORDER
This writ petition is filed seeking to direct the respondents to follow the ratio of 50:50 for further promotion to the post of High School Headmaster or P.G.Assistant, in the light of G.O.Ms.No.720, Education Department, dated 28.4.1981, and to place https://hcservices.ecourts.gov.in/hcservices/
the petitioners over and above direct recruits appointed in excess of their quota of 50% in the post of B.T.Assistant. 2.Though the prayer in this writ petition is for various other reliefs, the learned Counsel appearing for the petitioners submitted that the review application seeking 50% of reservation is kept pending for a quite long time and it would suffice, if the review is considered by the first respondent and such submission is agreeable to the learned Special Government Pleader appearing for the respondents.
3. Though the learned Counsel submitted that review has been filed by the petitioners, a copy of the same is not available in the typed set of papers filed along with the writ petition. Hence, the petitioners are permitted to submit a copy of the review, which is said to be filed by them, to the first respondent, who in turn is hereby directed to consider the same on merits and in accordance with law and pass necessary orders, after affording due opportunity of hearing to the petitioners, within a period of six weeks from the date of receipt of a copy of this order.
4.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III ) // True Copy // Sub Assistant Registrar() To 1.The Secretary to Government, Education Department, Secretariat, Chennai - 9.
2.The Director of School Education, College Road, Chennai - 6.
+1. C.C. To Special Government Pleader SR.No.52289 ORDER MADE IN WP(MD)No.14294 of 2015 06.03.2019 TK/SAR- /09.04.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/