Rymond.V v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2023

CORAM

THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI W.P(MD).No.18076 of 2023 V.Rymond

...Petitioner

Vs.

1.The Chief Educational Officer, Nagercoil, Kanyakumari District.

2.The Corporate Manager, R.C. Schools of Kuzhithurai Diocese, Bishops House, Unnamalaikadai, Vilavancode Taluk, Kanyakumari 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 first and second respondent to pass appropriate orders on the petitioner's representations dated 19.06.2023 and 03.07.2023 within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S. Visvalingam For Respondents : Mr.N. Ramesh Arumugam Government Advocate for R1 Mr. Ragadeesh kumar for R2 1/5

ORDER

This Writ Petition has been filed for issuing direction to the respondents 1 and 2 to pass appropriate orders on the petitioner's representations, dated 19.06.2023 and 03.07.2023 within a specified time frame that may be fixed by this Court.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner is presently serving as Physical Education Teacher in St. Marys Higher Secondary School, Melpalai, Vilavancode Taluk, Kanyakumari District. His total service in the cadre of Physical Education Teacher is 24 years. His next promotion is to the post of Physical Director. However, instead of promoting him to the post of Physical Director, which is brought to his notice that the direct appointment has been made to the post of Physical Director in St. Francis Higher Secondary School, Vavarai, Killiyoor Taluk, Kanyakumari District coming under the same corporate management. Therefore, the petitioner has made a representation to the respondents 1 and 2 on 19.06.2023 and 2/5

03.07.2023 respectively seeking promotion as Physical Director. However, the same was not considered and hence, this Writ Petition came to be filed.

4. When this case is taken up for hearing, the learned counsel appearing for the 2nd respondent submitted that already one N.Selvam has been appointed as Physical Director in St. Francis Higher Secondary School, Vavari. Challenging the same, the petitioner has not filed any petition before this Court.

5. In view of the said submission, this Court is inclined to dismiss this petition and accordingly, this Writ Petition is dismissed. The petitioner is given liberty to challenge the appointment of Mr.Selvan in the post of Physical Director at St. Francis Higher Secondary Shool, Vavari, dated 01.07.2023. No costs.

14.08.2023 Index : Yes / No Internet : Yes/ No trp 3/5

To 1.The Chief Educational Officer, Nagercoil, Kanyakumari District.

2.The Corporate Manager, R.C. Schools of Kuzhithurai Diocese, Bishops House, Unnamalaikadai, Vilavancode Taluk, Kanyakumari District.

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L.VICTORIA GOWRI, J., trp W.P(MD).No.18076 of 2023 14.08.2023 5/5