Madras High CourtWP(MD)/17784/2020disposed of

Rajathilagam v. The State Of Tamilnadu

2020-12-07Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.[MD]No.17784 of 2020 Rajathilagam ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Secretary to Government, Education Department, Fort St.George, Chennai-600 009.

2. The Director of Public Libraries, No.737/1, Anna Salai, Chennai-600 002.

3. The District Library Officer, District Library Office, Virudhunagar, Virudhunagar District.

... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.4748/A2/2019, dated 15.10.2019 passed by the second respondent and quash the same as illegal and consequently direct the second respondent to appoint the petitioner in the post of Grade III Librarian by way of recruitment by transfer from the post of Village Librarian with effect from 01.10.2013 along with all monetary benefits and arrears of pay by extending the benefits of G.O.Ms.No.101, School Education (Po.Nu.1) Department, dated 12.05.2015 within a time frame that may be stipulated by this Court. For Petitioner : Mr.B.S.Meltiue For Respondents : Mr.K.P.Narayanakumar Special Government Pleader 1/3

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.This Writ Petition has been filed to quash the impugned order in Na.Ka.No.4748/A2/2019, dated 15.10.2019 passed by the second respondent and consequently to direct the second respondent to appoint the petitioner in the post of Grade III Librarian by way of recruitment by transfer from the post of Village Librarian with effect from 01.10.2013 along with all monetary benefits and arrears of pay by extending the benefits of G.O.Ms.No.101, School Education (Po.Nu.1) Department, dated 12.05.2015 within a time frame that may be stipulated by this Court.

3.Though the petitioner filed a writ petition for larger relief, when the matter is taken up for hearing, the learned counsel for the petitioner submits that the petitioner has filed an appeal on 29.11.2019 against the impugned order dated 15.10.2019, it would suffice to pass an appropriate order to dispose of the said appeal filed by the petitioner before the first respondent on 29.11.2019 within the time frame.

4.The learned Special Government Pleader appearing for the respondents would submit that the appeal will be disposed of within a period of twelve weeks on merits and in accordance with law. 5.In view of the submissions made by the learned counsel appearing on either side, this Court directs the first respondent to dispose of the appeal filed by the petitioner dated 29.11.2019 within a period of twelve weeks from the date of receipt of a copy of this order on merits and in accordance with law. 6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To:-

1. The Secretary to Government, State of Tamil Nadu, Education Department, Fort St.George, Chennai-600 009.

2. The Director of Public Libraries, No.737/1, Anna Salai, Chennai-600 002.

3. The District Library Officer, District Library Office, Virudhunagar, Virudhunagar District.

W.P.[MD]No.17784 of 2020 07.12.2020 ARK(CO) CS(18.12.2020) 3P 4C 3/3