Ravanan R v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.14962 of 2025 R.Ravanan : Petitioner Vs.
1. The Chief Educational Officer, Virudhunagar District.
2. The District Educational Officer, Aruppukkottai, Virudhunagar District.
3. The Secretary, Thirusuli Uravinmurai Nadar, Sa. Vaithiyalinga Nadar Higher Secondary School, Thirusuli, Virudhunagar District.
: Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to grant approval to the petitioners promotion to the post of PG Assistant Economics in the sanctioned vacancy in the third respondent school with effect from 03.08.2022 with all consequential and other attendant benefits including salary with interest within stipulated time fixed by this Court.
For Petitioner : Mr. S.M.Mohan Gandhi For Respondent : Mr.M.Siddharthan Additional Government Pleader 1/6
for R1 and R2
O R D E R
The writ petition has been filed for the issuance of a writ of Mandamus, directing the respondents 1 to 3 to grant approval to the petitioner's promotion to the post of PG Assistant (Economics) in the sanctioned vacancy at the third respondent school, with effect from 03.08.2022, along with all consequential and other attendant benefits, including salary with interest, within a stipulated time frame.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents 1 and 2. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the third respondent is dispensed with. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The petitioner asserts that he is presently working as an Economics Teacher at the third respondent School and has been serving there for more than 30 years. The third respondent submitted a proposal 2/6
dated 03.08.2022 to the first respondent, seeking approval for the petitioner's promotion to the post of P.G. Assistant (Economics) in the sanctioned vacancy at the third respondent School, with effect from 03.08.2022, along with all consequential and attendant benefits, including salary with interest. As no action has been taken on the said proposal, the petitioner has now filed the present writ petition.
4. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the first respondent to consider the proposal of the petitioner and pass appropriate orders, within a time frame that may be stipulated by this court.
5. It is needless to point out that whenever a representation/proposal of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the 3/6
same within a stipulated time.
6. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's proposal dated 03.08.2022, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 02.06.2025 Index : Yes / No Internet : Yes / No PKN 4/6
To
1. The Chief Educational Officer, Virudhunagar District.
2. The District Educational Officer, Aruppukkottai, Virudhunagar District.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.14962 of 2025 02.06.2025 6/6