M.Rubeeswaran v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED W.P.(MD)No. 15682 of 2025 and W.M.P.(MD)Nos.11920 of 2025 Mr.Rubeeswaran, S/o.Madasamy, No.1/661B9B, Thendral Nagar, Vilampatti Road, Sivakasi, Virudhunagar District.

Petitioner Vs 1.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai.

2.The District Adi Dravidar Welfare Officer, Virudhunagar, Virudhunagar District.

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st Respondent to pass an order of promotion by promoting the Petitioner to the post of B.T.Assistant 1/6

(Maths) in Adi Dravidar Welfare Higher Secondary School, Sundararajapuram, Rajapalayam Taluk, Virudhunagar District on the basis of the empanel list with a cutoff date of 01.03.2021 and in the light of the Petitioner's representation dated 04.06.2025 before the date on which, the general counselling for transfer is scheduled i.e., 12.06.2025 and 13.06.2025.

For Petitioner : Mr.R.Anand Assisted by Mrs.V.Moushica For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

1.

Heard Mr.R.Anand, learned counsel assisted by Mrs.V.Moushica, appearing for the Petitioner and Mr.S.R.A.Ramachandran, learned Additional Government Pleader for the Respondents. 2.

This Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st Respondent to pass an order of promotion by promoting the Petitioner to the post of B.T.Assistant (Maths) in Adi Dravidar Welfare Higher Secondary 2/6

School, Sundararajapuram, Rajapalayam Taluk, Virudhunagar District on the basis of the empanel list with a cutoff date of 01.03.2021 and in the light of the Petitioner's representation dated 04.06.2025 before the date on which, the general counselling for transfer is scheduled i.e., 12.06.2025 and 13.06.2025.

3.

Mr.R.Anand, learned counsel for the Petitioner, submits that the 1st Respondent may be directed to pass an order of promotion by promoting the Petitioner to the post of B.T. Assistant (Maths) in Adi Dravidar Welfare Higher Secondary School, Sundararajapuram, Rajapalayam Taluk, Virudhunagar District, based on the empanel list with a cutoff date of 01.03.2021.

4.

In this regard, the learned counsel for the Petitioner also argued that a detailed representation dated 04.06.2025 had already been submitted to the 2nd Respondent, but no order has been passed. The copy of the representation dated 04.06.2025 can be found at Page No. 30 of the paper book.

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5.

Mr.S.R.A.Ramachandran, learned Additional Government Pleader for the Respondents, submits that the relief sought by the Petitioner cannot be granted by this Court. He further submits that since the Petitioner has already submitted a representation on 04.06.2025 to the 2nd Respondent, this Court may issue a positive direction to the Respondents to consider and decide the matter in accordance with law within a specified time frame.

6.

After considering the submissions made by the learned counsel for the Petitioner and the learned Special Government Pleader for the Respondents, this Court deems it appropriate to direct the 1st Respondent to decide the Petitioner's representation dated 04.06.2025 in accordance with law. Accordingly, the 1st Respondent is directed to consider the Petitioner's representation dated 04.06.2025 and pass a reasoned and speaking order on merits, in accordance with law, within 10 days from the date of receipt of a copy of this order. The Petitioner is directed to serve a copy of this order along with the representation dated 04.06.2025 on the 1st Respondent within four 4/6

days from today, without fail. The 1st Respondent shall communicate the decision taken by him to the Petitioner through Registered Post with Acknowledgement Due (RPAD).

7.

With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

12.06.2025 Index:Yes/No Web:Yes/No Speaking/Non Speaking Nsr To:

1.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai.

2.The District Adi Dravidar Welfare Officer, Virudhunagar, Virudhunagar District.

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SHAMIM AHMED , J.

Nsr 12.06.2025 6/6