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Madras High CourtWP(MD)/15248/2019disposed of

V.Natarajan, v. The Director,

2019-08-02Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) Nos.15248 of 2019 and W.M.P.(MD) Nos.11188 to 11790 of 2019 V.Natarajan ... Petitioner Vs.

1.The Director, School Education Department, Fort St.George, Chennai - 600 006.

2.The Joint Director, (Higher Secondary Education), Directorate of School Education, Chennai - 600 006.

3.The Chief Educational Officer, Trichy District, Trichy.

4.The Chairman, Teachers Recruitment Board, Chennai - 600 006.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent in his proceedings Na.Ka.No.3720 / W1 / E1 / 2019 dated 19/06/2019 and the consequential revised list of eligible P.G.Assistants dated 02/07/2019 issued by the first respondent for promotion to the post of Headmaster, Government Higher Secondary Schools and quash the same same as illegal, arbitrary insofar as the petitioner is concerned and consequently, directing the respondents 1 to 3 to promote the petitioner to the post of Headmaster, Government Higher Secondary School in the order of Teachers Recruitment Board ranking number 32.

For Petitioner : Mr.B.Saravanan For R1 to R3 : Mrs.S.Srimathy Special Government Pleader For R4 : Mr.V.R.Shanmuganathan Special Government Pleader

ORDER

This Writ Petition has been filed to quash the panel lists of PG Teachers dated 19.06.2019 and dated 02.07.2019, for promotion to the post of Headmaster in Government Higher Secondary schools on the file of the first respondent and to promote the petitioner as Headmaster in the Government Higher Secondary School. 2.Mrs.S.Srimathy, learned Special Government Pleader takes notice for the respondents 1 to 3 and Mr.V.R.Shanmuganathan, learned Special Government Pleader takes notice for the fourth respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.According to the petitioner, he is working as PG Assistant (Botany) in Government Higher Secondary School, Managudi, Nagapattinam District. In the meantime, on 19.06.2019, the provisional list of seniority was published by the first respondent w.e.f. 01.01.2019, in which, her name was placed under serial No.286 (TRB Roaster No.32). However, when the final list of seniority was published on 02.07.2019, his name was placed at the bottom of the list under serial No.540(TRB Roaster No.0). Hence, the petitioner is before this Court for the relief stated supra. 4.The learned Special Government Pleader appearing for the third respondent would submit that as per roster, the provisional list has been prepared and the same has also been forwarded to the authorities concerned for issuing the appointment orders to the selected candidates.

5.The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that due to some error, the said mistake has occurred while preparing the final list of seniority. Further, she would submit that the petitioner may submit a representation before the first respondent seeking appropriate remedy.

6.In the light of the aforesaid submission made by the learned counsel on either side, in the interest of justice, this Court is inclined to pass the following directions:

(i) the petitioner is directed to submit a representation to the first respondent to seek his remedy, within a period of one week from the date of receipt of a copy of this order and on receipt of such representation, the first respondent/Director of School Education Department, Chennai 600 006, is directed to consider the same and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order;

(ii) till the final orders is passed by the first respondent, the final list of seniority for promotion drawn by the first respondent shall not be given effect to;

(iii) the petitioner is directed to enclose a copy of this order along with such representation;

7.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The Director, School Education Department, Fort St.George, Chennai - 600 006.

2. The Joint Director, (Higher Secondary Education), Directorate of School Education, Chennai - 600 006.

3. The Chief Educational Officer, Trichy District, Trichy.

4. The Chairman, Teachers Recruitment Board, Chennai - 600 006.

+1 CC to SPL GP ( SR-79686[F] dated 05/08/2019 ) +1 CC to Mr.B.SARAVANAN, Advocate ( SR-79608[F] dated 05/08/2019 ) W.P.(MD) Nos.15248 of 2019 02.08.2019 (1⁄2) mm MK (22.08.2019) 3P 7C