Madras High CourtWP(MD)/13058/2017disposed of

K.Ashraf Khanam, v. The Chief Educational Officer,

2017-07-14Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.13058 of 2017 K.Ashraf Khanam ... Petitioner -vs1. The Chief Educational Officer, Trichy, Trichy District.

2. The District Educational Officer, O/o.District Educational Office, Trichy, Trichy District.

3. The Correspondent, Khajamian Higher Secondary School, Khaja Nagar, Trichy-20.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to approve the petitioner's promotion as B.T.Assistant (History) w.e.f.01.06.2012 in the 3rd respondent school on the strength of promotion accorded by the 3rd respondent school as B.T.Assisttant (History) and pay the consequential promotional benefits in the post of B.T.Assistant (History) by considering representation dated 03.06.2017 within the period that may be stipulated by this Honble Court.

For Petitioner : Mr.C.Venkatesh Kumar For M/s.Ajmal Associates For Respondents : Mr.D.Muruganandam Addl. Govt. Pleader ******

O R D E R

This Writ Petition has been filed, seeking a direction to the 2nd respondent to approve the petitioner's promotion as B.T.Assistant (History) w.e.f.01.06.2012 in the 3rd respondent school on the strength of promotion accorded by the 3rd respondent school as B.T.Assisttant (History) and pay the consequential promotional benefits in the post of B.T.Assistant (History) by considering representation dated 03.06.2017.

2. Heard the learned counsel appearing for the petitioner. The learned Additional Government Pleader takes notice for the respondents. By consent the writ petition itself is taken up for https://hcservices.ecourts.gov.in/hcservices/

final disposal at the admission stage.

3. The case of the petitioner is that he acquired B.A. (History) with B.Ed., and also M.A.(History), on the basis of which, he was awarded only incentives without extending the benefit of promotion, thereby depriving of his promotional and other monetary benefits applicable in terms of the higher post. He would also submit that though he made a detailed representation dated 03.06.2017 to the respondents 2 & 3 in this regard, which is said to be received by the 2nd respondent on 05.06.2017, there is no fruitful result forthcoming from the 2nd respondent. Therefore, the petitioner is before this Court with the above prayer.

4. Under such circumstances, this Court, without going into the merits of the matter, directs the 2nd respondent to consider the representation of the petitioner dated 03.06.2017 and pass appropriate orders thereon on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

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

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

2. The District Educational Officer, O/o.District Educational Office, Trichy, Trichy District.

3. The Correspondent, Khajamian Higher Secondary School, Khaja Nagar, Trichy-20.

+1 cc to M/S.Ajmal Associates , Advocate in SR.No. 65744 +1 cc to Special Government Pleader in SR.No.65873 ar/rm AE/JC/SAR1/24.07.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/ W.P(MD) No.13058 of 2017 14.07.2017