Madras High CourtWP(MD)/12668/2011disposed of

C. Bright Gnanaraj, v. The District Educational

2018-02-01Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)No.12668 of 2011 and MP(MD)No.2 of 2011 & WMP(MD)No.10137 of 2016 1.C.Bright Gnanaraj 2.D.David Mariaraj ... Petitioners Vs.

1. The District Educational Officer, Cheranmahadevi @ Tirunelveli.

2. The Correspondent, Concordia Higher Secondary School (aided), Vallioor 627 117, Tirunelveli District.

3. J.Elizebeth Baulin

4. A.Shella Grace ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent management to prepare the attendance register from the month of October 2011 onwards on the basis of seniority with reference to date of regularisation of service of the petitioner as well as respondents 3 and 4 and forbear the 1st and 2nd respondents from deploying the petitioners in the event of deployment of Teachers due to fall of strength of students. For Petitioners : Mr.S.Kadarkarai Respondent -1 : Dismissed for default For Respondent -2 : Mr.C.K.M.Appaji For Respondents 3& 4 : Mr.Prabhu Rajadurai

ORDER

The relief sought for in this writ petition is for a direction to direct the 2nd respondent management to prepare the attendance register from the month of October 2011 onwards on the basis of seniority with reference to date of regularisation of service of the petitioner as well as respondents 3 and 4 and forbear the 1st and 2nd respondents from deploying the petitioners in the event of deployment of Teachers due to fall of strength of students.

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2.The grievances of the writ petitioner is that the respondents should not maintain the names in the attendance register as per the seniority and further seniority position has not been clarified. In this regard, the writ petitioner submitted representations to the 2nd respondent on 02.03.2011 and 21.07.2011. However, no decision has been taken. Thus the second respondent is directed to consider the claim of the writ petitioner and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to submit a copy of the representations and if any, fresh representations along with a copy of the order passed in this writ petition. 3.Accordingly, the writ petition stands disposed of. However, there shall be no orders as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The District Educational Officer, Cheranmahadevi @ Tirunelveli.

2. The Correspondent, Concordia Higher Secondary School (aided), Vallioor 627 117, Tirunelveli District.

+1cc to Mr.S.Kadarkarai, Advocate Sr.No.45683 +1cc to Mr.G.Prabhu Rajadurai, Advocate Sr.No.45873 +1cc to Mr.C.K.M.Appaji, Advocate Sr.No.45692 +1cc to Spl.Government Pleader Sr.No.46100 DSK VB/KKR/SAR4/16.02.2018/2P/7C ORDER MADE IN W.P(MD)No.12668 of 2011 01.02.2018 https://hcservices.ecourts.gov.in/hcservices/