Amala Devi K v. The Director, Directorate Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Amala Devi ... Appellant -vs1.The Director, Directorate of School Education, D.P.I. Campus, College Road, Chennai - 6.

2.The Joint Director (Higher Secondary), D.P.I. Campus, College Road, Chennai - 6.

3.The Chief Educational Officer, Kokkirakulam, Collectorate Campus, Tirunelveli District.

... Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 28.10.2022, made in W.P.(MD)No.15448 of 2021.

For Appellant : Mr.S.Louis For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

JUDGMENT

[Delivered by the Hon'ble CHIEF JUSTICE] We have heard Mr.S.Louis, learned counsel for the appellant and Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents.

2. The appellant has filed Writ Petition before the learned Single Judge to fix her seniority. The juniors of the appellant were promoted in the year 2018, whereas, the appellant was promoted on 21.10.2020.

3. The learned counsel for the appellant submits that the Department did not disclose about the vacant posts available in the same District. It is because, the appellant was required to go to other place, she declined promotion in the year 2018. Two juniors of the appellant were promoted in the year 2018 and they came back to their parent Districts within five months. The posts in the same District were available in the year 2018 also and the same was not disclosed. The said aspect ought to have been considered.

4. We have considered the submissions canvassed by the learned counsels on either side and also gone through the order passed by the learned Single Judge.

5. We do not find any error committed by the learned Single while passing the impugned order. The factual matrix has been considered by the learned Single Judge threadbare. The appellant was promoted in the year 2018, but had declined, as she did not want to leave the District.

6. In the light of the above, no case is made out for interference. The Writ Appeal stands disposed of. No costs.

[S.V.G., .C.J.] [L.V.G., J.] 30.11.2023 Index : Yes / No : Yes / No smn2

To 1.The Director, Directorate of School Education, D.P.I. Campus, College Road, Chennai - 6.

2.The Joint Director (Higher Secondary), D.P.I. Campus, College Road, Chennai - 6.

3.The Chief Educational Officer, Kokkirakulam, Collectorate Campus, Tirunelveli District.

THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI , J.

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