M.Inbajothi, W/O.Mathialagan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.1170 of 2017 and W.M.P(MD)No.978 of 2017 M.Inbajothi ... Petitioner Vs.

1.The Commissioner, Adi Dravidar Welfare Department, Cheppakkam, Chennai.

2.The District Adi Dravidar Welfare Officer, Thanajvur, Thanjavur District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus,directing the second respondent to consider the Petitioner's representation dated 26.7.2016 and thereby promote the Petitioner to the post of B.T.Assistant Teacher from 2008 onwards with all monetary benefits.

For Petitioner : M/s.C.Prakasam For Respondents : Mr.M.Rajarajan Government Advocate *****

O R D E R

This Writ Petition has been filed, seeking a direction to the second respondent to consider the Petitioner's representation dated 26.7.2016 and thereby promote the Petitioner to the post of B.T.Assistant Teacher from 2008 onwards with all monetary benefits.

2.Mr.M.Rajarajan, learned Government Advocate, takes notice for the respondents. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the Petitioner was appointed as Secondary Grade Assistant Teacher in the year 1998. While so, for taking leave the Petitioner was issued with a charge https://hcservices.ecourts.gov.in/hcservices/

memo and imposed with a punishment of stoppage of increment for three months without cumulative effect and on appeal by the Petitioner, the said punishment was cancelled. Therefore her name was not included in the panel for promotion to the post of B.T.Assistant and to her surprise, her junior has been given promotionand in this regard, she has submitted a representation on 26.7.2016 and since the said representation did not evoke any response, the petitioner is before this Court with the relief stated supra.

4. The counsel for the respondent would submit that it is agreeable for the respondent to consider the representation of the petitioner and pass orders thereon.

5.In view of the submission, the second respondent concerned is directed to consider the representation of the petitioner, dated 26.7.2016 and pass appropriate orders on the same in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, if there is no other legal impediments.

6.With the above direction, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(writs) /True copy/ Sub Assistant Registrar To:

1.The Commissioner, Adi Dravidar Welfare Department, Cheppakkam, Chennai.

2.The District Adi Dravidar Welfare Officer, Thanajvur, Thanjavur District.

+1cc to Spl. Govt. Pleader, SR.No:4526 +1cc to Mr.C.Prakasam, Advocate, SR.No:4067 vsn AE/CM MSA/14.02.2017/2P/5C W.P.(MD) No.1170 of 2017 and W.M.P(MD)No.978 of 2017 25.01.2017 https://hcservices.ecourts.gov.in/hcservices/