V.L.Benin Deva Kumar, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.9402 of 2016 and WMP(MD)No.7461 of 2016 1.V.L.Benin Deva Kumar 2.V.L.Sam Prince Kumar 3.K.Soman Nair 4.T.Ayyappan 5.S.Selvanayagam 6.S.Kannan 7.M.Syed Ibrahim 8.M.Mariappan 9.D.Rajan 10.A.Subbulakshmi 11.M.Krishnakumar 12.P.Natarajan 13.L.M.Sekaran 14.P.Arivoli 15.M.Raja 16.T.Balaji 17.M.Murugan 18.S.Senthilkumar 19.R.Amudan 20.J.Suresh Ravi Kumar
21.MD.Shanawaz 22.V.Umamaheswari 23.C.Prabhakaran 24.G.Selvam 25.K.Prabavathi 26.C.Gopu 27.A.Anross 28.J.Sivagamasundari 29.A.Mohammadhi ... Petitioners Vs.
1.The State of Tamil Nadu, Represented by the Secretary to Government, Education Department, Secretariat, Chennai - 9.
2.The Director of School Education, College Road, Chennai - 6.
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 1st Respondent in Letter No.10385/Nee.Va1(1)/2015-2 dated 14.08.2015 and quash the same as illegal and consequently direct the respondents to follow the ratio at 50:50 for further promotion to the post of High School Headmaster and P.G.Assistant in the light of the same nature of ratio fixed and followed and promotion to the post of Higher Secondary School Headmaster by way of G.O.Ms.No.720, Education Department, dated 28.04.1981, notifying the Tamil Nadu Higher Secondary Education Service Special Rules or follow the date of regular appointment to the post of B.T.
Assistant either from the direct recruitment source other than the contractual appointees to the post of B.T.Assistants regularised subsequently or from the promotion source to the post of B.T.Assistant for further promotion by placing the petitioners over and above direct recruits appointed in excess of their quota of 50% in the post of B.T.Assistant. For Petitioners : Mr.D.Selvanayagam For Respondents : Mrs.S.
ORDER
This writ petition is filed seeking to quash the impugned order passed by the 1st Respondent in Letter No.10385/Nee.Va1(1)/2015-2 dated 14.08.2015 with consequential directions in respect of fixation of seniority.
2.Though the prayer in this writ petition is for various other reliefs, the learned Counsel appearing for the petitioners brought to the notice of this Court that the review application seeking 50% of reservation is kept pending on and from 30.10.2015 and it would suffice, if the review is considered by the first respondent and such submission is agreeable to the Special Government Pleader appearing for the respondents.
3.In view of the above submission, the first respondent, before whom the review dated 30.10.2015 is pending, is hereby directed to consider the same on merits and in accordance with law and pass necessary orders, after affording due opportunity of hearing to the petitioners, within a period of six weeks from the date of receipt of a copy of this order.
4.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III ) // True Copy // Sub Assistant Registrar() To 1.The Secretary to Government, Education Department, Secretariat, Chennai - 9.
2.The Director of School Education, College Road, Chennai - 6.
+1. C.C. To Mr.D.Selvanayagam Advocate SR.No.52156 ORDER MADE IN WP(MD)No.9402 of 2016 06.03.2019 TK/SAR- /09.04.2019/3P/4C