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Madras High CourtWP(MD)/19400/2018dismissed as withdrawal

R.Murugan, v. The Director Of School

2024-11-29Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.19400 of 2018 and WMP(MD) No.17244 of 2018 R.Murugan ... Petitioner Vs 1.The Director of School Education, Chennai - 6.

2.The Joint Director (Higher Secondary), Directorate of School Education, Chennai - 6.

3.The Chief Educational Officer, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 3rd respondent in his proceedings in Na.Ka.No.4902/A3/2018 dated 20.07.2018 and quash the same and direct the respondents to promote the petitioner to the post of P.G.Assistant Physics in any one of the available vacancies in Ramanathapuram District as per the 1/5

panel of the year 2018.

For Petitioner : M/s.V.Panneerselvam, For Respondent : Mr. P.T.Thiraviam, Government Advocate

O R D E R

The petitioner was appointed as a Block Resource Teacher on 18.07.2006 in Government Girls High School, Panaikulam, Ramanathapuram District. He claims he was qualified to the post of PG Assistant in physics and his name was also included in the panel for promotion for PG Assistant (Physics). In the counselling for promotion as PG Assistant held on 18.06.2018, the petitioner has relinquished his right for promotion as PG Assistant for a period of three years in order to stay in the same school. Thereafter, this petitioner has made a request for promotion for the post of PG Assistant Physics in any one of the vacancies available in Ramanathapuram District as per the panel of the year 2018. Since the petitioner has relinquished his right in the counseling dated, 18.06.2018, in order to continue in the same 2/5

School, he was not considered for promotion, by an order dated, 20.07.2018. Therefore, this petitioner has filed this writ petition in the year 2018.

2. In the affidavit filed in support of this writ petition, the petitioner claims that he was forced to relinquish his right of promotion.

3.The Chief Educational Officer/the third respondent herein has filed a detailed counter affidavit stating that the application made by the petitioner that he was compelled to relinquish his right is false and it is only to continue in the same School.

4.After filing of the counter affidavit by the third respondent, the learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition and he has also circulated a letter, dated 26.11.2024 to that effect.

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5.Recording that after filing of the counter affidavit by the third respondent, this petitioner has circulated a letter to withdraw this writ petition, this writ petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous petition is closed.

21.11.2024 NCC:Yes/No Index:Yes vrn To

1. The Director of School Education, Chennai - 6.

2. The Joint Director (Higher Secondary), Directorate of School Education, Chennai - 6.

3. The Chief Educational Officer, Ramanathapuram District.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.19400 of 2018 and WMP(MD) No.17244 of 2018 29.11.2024 5/5