Madras High CourtWP(MD)/7444/2017disposed of

D.Saravanan v. The Director Of School

2017-04-21Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No. 7444 of 2017 D.Saravanan

...Petitioner

Vs.

1.The Director of School Education, College Road, Nungambakkam, Chennai - 6.

2.The Chief Educational Officer, O/o the Chief Educational Officer, Ramanathapuram - 630 501, Ramanathapuram District 3.The District Educational Officer, O/o. the District Educational Officer, Paramakudi - 623 707. 4.The Secretary, Kshatriya Hindu Nadar Higher Secondary School, Perunali - 623 115, Kamuthi Taluk, Ramanathapuram District. .. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to appoint the petitioner for the post of Junior Assistant or any other post on compassionate ground in the fourth respondent school or any other school within the time stipulated by this Court. For Petitioner : Mr.S.Louis, for Mr.T.Lajapathi Roy For Respondents : Mr.C.Selvaraj, Special Government Pleader.

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O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents to appoint the petitioner for the post of Junior Assistant or any other post on compassionate ground in the fourth respondent school or any other school within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

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4. Though the Writ petition is filed for issuing a Writ of Mandamus to give a positive direction to the respondents to appoint the petitioner in the post of Junior Assistant on compassionate ground, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation of the petitioner, dated 22.10.2011 and subsequent representations dated 18.08.2015 and 05.10.2016, within the time stipulated by this Court.

5. Considering the limited scope of the prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The respondents are directed to consider the representations of the petitioner, dated 22.10.2011, 18.08.2015 and 05.10.2016, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to submit a fresh representation along with documents which are required for considering the petitioner's representation within a period of two weeks from the date of receipt of a copy of this order."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To 1.The Director of School Education, College Road, Nungambakkam, Chennai - 6.

2.The Chief Educational Officer, O/o the Chief Educational Officer, Ramanathapuram - 630 501, Ramanathapuram District. 3.The District Educational Officer, O/o. the District Educational Officer, Paramakudi - 623 707. +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 53661 +1 CC to M/s.T.LAJAPATHI ROY, Advocate, SR No. 53628 PMU PSM/MMS/18.05.2017/2P/6C ORDER MADE IN WP(MD)No.7444 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 21.04.2017