Madras High CourtWP(MD)/17346/2018disposed of

R.Michael Rajan v. The District Educational

2019-03-28Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.17346 of 2018 and WMP(MD).No.15251 of 2018 R.Michael Rajan ... Petitioner Vs.

1.The District Educational Officer, Kanyakumari Distirct, Nagercoil.

2.The Chief Educational Officer, Kanyakumari District, Nagercoil.

3.The Educational Secretary, College for Officer Training, Near Women Christian College, Nagercoil, Kanyakumari District.

4.The Territorial Commander, India South Eastern Territory, Territorial Head Quarters, High Ground, Maharaja Nagar Post, Tirunelveli - 11.

5.P. Celine Pappaand ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents particularly the second respondent to consider the representation of the petitioner dated 27.10.2016 and pass suitable orders on merits and in accordance with law.

For Petitioner : Mr. S. Palanivelayutham For R1 & R2 : Mrs.S. Srimathi Special Government Pleader For R3 & R4 : Mr. M. Swarna Kamar

ORDER

Since the 5th respondent is seeking appointment overlooking the seniority of the petitioner, the petitioner has sent a representation dated 27.10.2016 to the 2nd respondent and the same has not been considered so far. Hence, the petitioner is before this Court, with the present Writ Petition.

2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 and 2 would submit that the 5th respondent had already been issued with an appointment order.

3. In view of the above submission, the learned counsel appearing for the petitioner seeks liberty to the petitioner to challenge the said order.

4. Recording the submission so made by the learned Special Government Pleader appearing for the respondents 1 and 2, this Writ Petition is closed, however, with liberty to the petitioner to challenge the appointment order issued to the 5th respondent. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS) Trp To 1.The District Educational Officer, Kanyakumari Distirct, Nagercoil.

2.The Chief Educational Officer, Kanyakumari District, Nagercoil.

3.The Educational Secretary, College for Officer Training, Near Women Christian College, Nagercoil, Kanyakumari District.

4.The Territorial Commander, India South Eastern Territory, Territorial Head Quarters, High Ground, Maharaja Nagar Post, Tirunelveli - 11.

+1 CC to M/s.N.MOHAMED ASIF ( SR-57939[F] dated 29/03/2019 ) +1 CC to M/s.SPL GP (SR-57984[F] dated 29/03/2019 ) +1CC to Mr.S.PALANI VELAYUTHAM,Advocate(SR-58177[F]dated 01/04/2019) ORDER MADE IN WP(MD)No.17346 of 2018 and WMP(MD).No.15251 of 2018 28.03.2019 ES/DS/25.04.2019/3P/8C