S.P. Unnamalai v. The Chief Educaitonal Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2016 CORAM :

THE HON'BLE DR. JUSTICE S.VIMALA Writ Petition (MD) No.22293 of 2016 S.P.Unnamalai ... Petitioner Vs.

1. The Chief Educational Officer, O/o. The Chief Educational Officer, Pudukottai, Pudukottai District

2. The District Educational Officer, O/o. The District Educational Officer, Pudukottai, Pudukottai District

3. V.V.Higher Secondary School, Represented by its Secretary, Ponnamaravathi, Pudukottai District 622 407 ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to consider the petitioner for promotion to the post of Head Master within a time stipulated by this Court. For Petitioner : Mr. T.Lajapathi Roy For Respondents : Mr. V.R.Shanmuganathan, Spl.G.P., for R-1 to R-2 ----

O R D E R

This is a writ petition filed by the petitioner for the issuance of a writ of mandamus directing the third respondent to consider the petitioner for promotion to the post of Head Master within a time stipulated by this Court.

2. Heard both sides.

3. Under normal circumstances, this Court would have issued notice to the third respondent, but here is a case where no order is going to be passed on merits, which may affect the rights of the third respondent, hence, notice to the third respondent is dispensed with.

4. The petitioner is a Post Graduate Assistant in Physics at the third respondent school. On account of the retirement of one P.Ravindran on 31.05.2014, the post of Headmaster became vacant in the third respondent school. Thereafter, several Headmasters occupied the post and then, they have been transferred / retired.

5. It is the claim of the petitioner that as a senior most teacher, he has to be promoted to the post of Headmaster; so stating, a representation dated 21.02.2015 has been submitted to the respondents 1 and 2.

6. In view of the above, without expressing any opinion on the https://hcservices.ecourts.gov.in/hcservices/

merits of the matter, the respondents are directed to consider the representation of the petitioner, dated 21.02.2015 and to pass appropriate orders thereon, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar /TURE COPY/ Sub Assistant Registrar To

1. The Chief Educational Officer, O/o. The Chief Educational Officer, Pudukottai, Pudukottai District

2. The District Educational Officer, O/o. The District Educational Officer, Pudukottai, Pudukottai District.

+1 cc to MR.T.Lajapathi Roy, ADVOCATE, SR NO:644631 +1 cc to MR.Government pleader,Advocate , SR NO:47 W.P.(MD) No.22293 of 2016 22.11.2016 srk AAM JM 07.02.2017 2P 5C https://hcservices.ecourts.gov.in/hcservices/