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Madras High CourtWP(MD)/5095/2018disposed of

V.Sivamani, v. The Secretary To Government,

2021-11-10Honourable Dr Justice Anita Sumanth4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2021

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH W.P.(MD)Nos. 5095, 5096 and 5097 of 2018 V. Sivamani .. Petitioner in W.P.(MD) No.5095 of 2018 T. Theivam .. Petitioner in W.P.(MD) No.5096 of 2018 K. Rajendran .. Petitioner in W.P.(MD) No.5097 of 2018 Vs.

1.The Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009. ...First Respondent in W.P.(MD) Nos.5095 and 5096 of 2018 2.The Director of School Education, DPI Buildings, College Road, Chennai - 600 006. ...Second Respondent in W.P.(MD) No.5095 and 5096 of 2018 and First Respondent in W.P.(MD) No.5097 of 2018 3.The Chief Educational Officer, Madurai, Madurai District ...Third Respondent in W.P.(MD) Nos.5095 and 5096 of 2018 4.The Correspondent, Jothi Dharaman Assisi H.S. School, Sathangudi, Thirumangalam Taluk, Madurai.

...Fourth Respondent in W.P.(MD) Nos.5095 of 2018 5.The Correspondent, St. Clarnet Higher Secondary School, Karumathur, Madurai District.

...Fourth Respondent in W.P.(MD) Nos.5096 of 2018 6.The Director, Directorate of Most Backward and Minority Welfare, Ezhilagam, Chepauk, Chennai - 600 005. ...Second Respondent in W.P.(MD) No.5097 of 2018 1/4

7.The Joint Director, Kallar Reclamation, Madurai Collectorate Complex, Madurai - 20. ... Third Respondent in W.P.(MD) No.5097 of 2018 8.The Head Master, Govt, Kallar Higher Secondary School, K. Perumal Patti, Kaluthu Post, Usilampatti Taluk, Madurai - 625 537. ... Fourth Respondent in W.P.(MD) No.5097 of 2018 Prayer in W.P.(MD)Nos. 5095, 5096 and 5097 of 2018: Writ Petitions filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioners' representation dated 19.02.2018, 23.02.2018 and 28.02.2018 to promote the petitioners to the next promotional post of physical director grade -II which is next avenue of physical education teachers working in both government and aided schools in the state and pass appropriate orders within stipulated time period as may be fixed by this court.

For Petitioners : Mr. T. Sundaravadanam For Respondents : Mr. K.S. Selvaganesan Counsel for State COMMON ORDER The petitioners, who are employed as Physical Education Teachers (PET) receiving consolidated payment in various aided and Government schools, seek a mandamus directing the respondents to consider their representations dated 19.02.2018 and 23.02.2018 seeking promotion to the post of Physical Director Grade II.

2. A counter has been filed in W.P.(MD).Nos. 5095 and 5096 of 2018, that relate to aided schools. In the case of the aforesaid petitioners, the stand taken by the respondent is that there is no promotional avenue available. By way of response, the petitioners would seek to be accommodated in a promotional post in any alternate aided school where such avenue is available. Let this submission be made before the respondents for their consideration.

3. A direction is thus issued to R3 to consider the representations of the petitioners dated 19.02.2018 and 23.02.2018, after hearing the petitioners and taking assistance of the other respondents wherever necessary, and dispose the same in accordance with law within a period of 6 weeks from date of uploading of a copy of this order in the official website of this court. 2/4

4. No counter has been filed in W.P.(MD).No.5097 of 2018, wherein the petitioner is employed in a Government School and where admittedly, promotional avenues are available.

5. A direction is thus issued to R2 to consider the representation of the petitioner dated 23.02.2018, and dispose the same after hearing the petitioner and in accordance with law, within a period of 6 weeks from date of uploading of a copy of this order in the official website of this court.

6. The Writ Petitions are disposed with the above directions. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr 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 To 1.The Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education, DPI Buildings, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Madurai, Madurai District 4.The Correspondent, Jothi Dharaman Assisi H.S. School, Sathangudi, Thirumangalam Taluk, Madurai.

5.The Correspondent, St. Clarnet Higher Secondary School, Karumathur, Madurai District.

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6.The Director, Directorate of Most Backward and Minority Welfare, Ezhilagam, Chepauk, Chennai - 600 005.

7.The Joint Director, Kallar Reclamation, Madurai Collectorate Complex, Madurai - 20.

8.The Head Master, Govt, Kallar Higher Secondary School, K. Perumal Patti, Kaluthu Post, Usilampatti Taluk, Madurai - 625 537.

+3 CC to M/s.T. SUNDARAVADANAM, Advocate (SR-34000, 34001 AND 34002 [F] dated 10/11/2021) +1 CC to M/s.SPL.GP (SR-34104[F] dated 11/11/2021) W.P.(MD)Nos. 5095, 5096 and 5097 of 2018 10.11.2021 TSK(CO) GC/NS(25.11.2021) 4P 13C 4/4