K.Shanmugavel v. The Director Of Elementary Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA K.Shanmugavel ... Petitioner Vs
1. The Director of Elementary Education, Subba Road Avenue, Nungambakkam, Chennai-8.
2. The District Educational Officer, (Elementary Education), Paramakudi, Ramanathapuram District.
3. The Chief Educational Officer, Ramanathapuram, Ramanathapuram District.
4. The Block Educational Officer, Kadaladi Block, Kadaladi, Ramanathapuram District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to promote the petitioner as Middle School Headmaster based on the seniority list prepared by them as on 01.01.2022 and 01.01.2023 and based on the vacancy 1/5
available in the year 2022-2023 based on the petitioner's representation, dated 28.07.2022 within a time as stipulated as fixed by this Court. For Petitioner : Mr. P.Gunasekaran For Respondents : Mr.M.Siddharthan Additional Government Pleader
ORDER
Heard Mr.P.Gunasekaran, learned counsel for the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader, for the respondents.
2.This Writ Petition has been filed for a direction to the respondents to promote the petitioner as a Middle School Headmaster based on the seniority list as on 01.01.2022 and 01.01.2023.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. The petitioner, who is working as a Primary School Headmaster, has given a representation stating that his promotion to the post of Middle 2/5
School Headmaster is due as per the Promotion Panel prepared as on 01.01.2022 and 01.01.2023.
5.The learned counsel for the petitioner submitted that the person, who are senior to him already retired from service has already got the benefit, despite the petitioner stands No.2, his case is not considered so far. It is further submitted that there are enough vacancy to accommodate the petitioner. 6.The learned Additional Government Pleader submitted that the promotion counselling has not been conducted so far, in view of the pending litigation of the requirement of TET qualification for promotion. 7.It has been repeatedly pointed out that there is no order of stay obtained from the Hon'ble Supreme Court and the earlier orders passed in the earlier judicial pronouncement has not been stayed. 8.In view of the above, this writ petition stands disposed of and the respondents are directed to consider the request of the petitioner and pass 3/5
appropriate orders within a period of six weeks from the date of receipt of copy of this order. No costs.
31.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To
1. The Director of Elementary Education, Subba Road Avenue, Nungambakkam, Chennai-8.
2. The District Educational Officer, (Elementary Education), Paramakudi, Ramanathapuram District.
3. The Chief Educational Officer, Ramanathapuram, Ramanathapuram District.
4. The Block Educational Officer, Kadaladi Block, Kadaladi, Ramanathapuram District.
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R.N.MANJULA, J.
PNM ORDER IN 31.07.2024 5/5