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Madras High CourtWP(MD)/7746/2017disposed of

A.Mohammed Ali Jinna, v. The State Of Tamil Nadu

2017-04-25Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.7746 of 2017 A.Mohammed Ali Jinna ..Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St. George, Chennai - 2.

2. The Director, (Higher Education), School Education Department, College Road, Chennai - 6.

3. The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4. The District Educational Officer, Tirunelveli District, Tirunelveli.

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to fix the service seniority of the petitioner from the year 1998-1999 in the cadre of Physical Education Director and to sanction the increased pensionary benefits to the petitioner on the basis of his representation, dated 09.02.2017. For Petitioner : Mr.G.Sridharan For Respondents : Mr.V.Pandi, Government Advocate.

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the second respondent to fix the service seniority of the petitioner from the year 19981999 in the cadre of Physical Education Director and to sanction the increased pensionary benefits to the petitioner on the basis of his representation, dated 09.02.2017.

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

3. Mr.V.Pandi, learned Government Advocate, 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 for issuing a Writ of Mandamus to give a positive direction to the respondents, the learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the second respondent to consider the representation of the petitioner, dated 09.02.2017, on merits, within the time stipulated by this Court.

5. Having regard to 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 second respondent is directed to consider the representation of the petitioner, dated 09.02.2017, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt 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 Secretary, School Education Department, Fort St. George, Chennai - 2.

2. The Director, (Higher Education), School Education Department, College Road, Chennai - 6.

3. The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4. The District Educational Officer, Tirunelveli District, Tirunelveli.

+1cc to M/S.G.Sridharan, Advocate SR.No. 53822 +1cc to Special Government Pleader, SR.No. 54100 ORDER MADE IN W.P.(MD).No.7746 of 2017 25.04.2017 JM/MMS/SAR 3/17.05.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/