K. Ayyadurai Pandian v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Eighth day of August Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR and WMP(MD)No.13994 of 2019 K.AYYADURAI PANDIAN ... PETITIONER Vs 1.THE STATE OF TAMIL NADU, REP.BY ITS SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, FORT.ST.GEORGE, CHENNAI-600 009 2.THE DIRECTOR OF ELEMENTARY EDUCATION, DPI COMPLEX, COLLEGE ROAD, CHENNAI-600 006.
3.THE CHIEF EDUCATIONAL OFFICER, O/O THE DISTRICT EDUCATIONAL OFFICER, PUDUKKOTTAI DISTRICT.
4.THE DISTRICT EDUCATIONAL OFFICER, O/O THE DISTRICT EDUCATIONAL OFFICER, ILLUPPUR, PUDUKKOTTAI DISTRICT.
5.THE BLOCK EDUCATIONAL OFFICER, O/O THE BLOCK EDUCATIONAL OFFICER, PONNAMARAVATHI BLOCK, ILLUPPUR, PUDUKKOTTAI DISTRICT.
6.L.JEYAVIMALA ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a writ of certiorarified mandamus or any other appropriate writ or order or direction in the nature of writ to calling for the records relating to the impugned seniority list passed by the 5th respondent vide his proceedings Nil dated 20/04/2019 in so far as the placement of the petitioner is concerned and consequential impugned panel passed by the 5th respondent vide proceedings Nil 1/3
dated 20/04/2019 in so far as the non inclusion of the petitioner name is concerned and quash the same as illegal and consequentially to direct the respondents no 1 to 5 to promote the petitioner as Head Master of the Middle School taking into consideration of the Petitioner's seniority in the cadre of B.T.Assistant in accordance with Section 41 of the Tamil Nadu Government Servants(Conditions of Service)Act, 2016 within the period that may be stipulated by this Hon'ble Court.
Prayer in WMP(MD). 13994/ 2019 :
To ad interim direction to direct the respondents 1 to 5 to keep one post of Middle School Head master vacant for appointment of the petitioner by promotion available at Panchayat Union Middle School, Pitchaikalanpatti, Ponnamaravathi Union, Pudukkottai District pending disposal of the above writ petition. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.C.VENKATESH KUMAR, Advocate for M/S AJMAL ASSOCIATES, Advocate for the petitioner and of Mrs.S.SRIMATHY, Special Government Pleader for R1 to R5, the court made the following order:- Notice of motion returnable in four weeks. Private notice is also permitted.
2.In the light of the earlier order passed by this Court, dated 09.07.2019, in W.P.(MD)Nos.14761 to 14763 of 2019 etc. batch, there shall be an order of interim direction to the respondents 1 to 5 to keep one post vacant in the post of Middle School Headmaster at Panchayat Union Middle School, Pitchaikalanpatti, Ponnamaravathi Union, Pudukkottai District, for appointment of the petitioner by promotion, for a period of four weeks.
sd/- 08/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE SECRETARY TO GOVERNMENT, STATE OF TAMIL NADU, SCHOOL EDUCATION DEPARTMENT, FORT.ST.GEORGE, CHENNAI-600 009 2/3
2.THE DIRECTOR OF ELEMENTARY EDUCATION, DPI COMPLEX, COLLEGE ROAD, CHENNAI-600 006.
3.THE CHIEF EDUCATIONAL OFFICER, O/O THE DISTRICT EDUCATIONAL OFFICER, PUDUKKOTTAI DISTRICT.
4.THE DISTRICT EDUCATIONAL OFFICER, O/O THE DISTRICT EDUCATIONAL OFFICER, ILLUPPUR, PUDUKKOTTAI DISTRICT.
5.THE BLOCK EDUCATIONAL OFFICER, O/O THE BLOCK EDUCATIONAL OFFICER, PONNAMARAVATHI BLOCK, ILLUPPUR, PUDUKKOTTAI DISTRICT.
+1. C.C. to M/S. AJMAL ASSOCIATES Advocate SR.No.13307 +1. C.C. to SPECIAL GOVERNMENT PLEADER SR.No. 13319
ORDER
IN and WMP(MD)No.13994 of 2019 Date :08/08/2019 TK/VR/SAR.3/16.08.2019/3P/8C 3/3