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Madras High CourtWP(MD)/7383/2019disposed of

G.Rathinakumar, v. State Of Tamil Nadu,

2023-02-03Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY 1.G.Rathinakumar

2. T.Kumar Raja

3. N. Senthil Kumaran

4. P. Annamalaithai

5. A.C.Rajeswari

6. K. Sarada

7. P.Manimegalai

8. K.Revathi

9. S. Govindarajan

10. S. Veerumarammal

11. P. Masilamani

12. K. Chandrasekaran

13. A. Rajagopal

14. G. Kavitha

15. G.Pandiammal

16. C.Murugeswari

17. J. Jeyabavani 1/6

18. K. Eswari

19. P. Jegajothi

20. N. Karpagam ...

Petitioners Vs.

1. State of Tamil Nadu, Represented by its Principal Secretary, Department of School Education, Secretariat, Fort Saint George, Chennai - 600 009.

2. The Director of Public Libraries, O/o.the Director of Public Libraries, Anna Salai, Chennai - 2.

3. The District Library Officer, O/o.the District Library Officer, Ulavar Sandhai Road, Theni District - 625 531.

4. The District Library Officer, O/o.the District Library Officer, North High Ground Road, Palayamkottai, Tirunelveli District - 627 002.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent No. 1 and 2 to grant promotion to the petitioners in the post of Librarian Grade-III in the light of the Government Order in G.O.Ms.No. 66 Education, Science and Technology K1 Department, dated 30.01.1996 and by way of extending the benefit of 2/6

Government Order in G.O.Ms.No.101, School Education Department, dated 12.05.2015.

For Petitioners : Mr.T.Aswin Rajasimman For Respondents : Mr.D.Sadiq Raja Additional Government Order

ORDER

This writ petition is filed for Writ of Mandamus, directing the respondents 1 & 2 to grant promotion to the petitioners for the post of Librarian Grade-III in the light of G.O.Ms.No. 66 Education, Science and Technology K1 Department, dated 30.01.1996 and by way of extending benefits of G.O.Ms. No.101, School Education Department, dated 12.05.2015.

2. Heard Mr.T.Aswin Rajasimman, learned counsel appearing for the petitioners and Mr.D.Sadiq Raja, learned Additional Government Order, appearing for the respondents. Perused the documents available on record.

3. This Court is of the considered opinion that positive direction cannot be issued, since petitioner's eligibility has to be considered. 3/6

4. Therefore, the 2nd respondent is directed to consider the petitioners' case, if they are eligible the respondents shall grant promotion. If the petitioners are not eligible, the respondents are directed to pass a speaking order, within a period of four weeks, from the date of receipt of a copy of the order.

5. With the above observations, this Writ Petition is disposed of. No Costs.

Index : Yes / No 03.02.2023 Internet : Yes ksa 4/6

To

1. State of Tamil Nadu, Represented by its Principal Secretary, Department of School Education, Secretariat, Fort Saint George, Chennai - 600 009.

2. The Director of Public Libraries, O/o.the Director of Public Libraries, Anna Salai, Chennai - 2.

3. The District Library Officer, O/o.the District Library Officer, Ulavar Sandhai Road, Theni District - 625 531.

4. The District Library Officer, O/o.the District Library Officer, North High Ground Road, Palayamkottai, Tirunelveli District - 627 002.

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S.SRIMATHY, J ksa Order made in 03.02.2023 6/6