Madras High CourtWP(MD)/658/2011disposed of

M. Muthu, v. The Director Of School

2017-11-13Honourable Mr Justice P.D.Audikesavalu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P(MD)No.658 of 2011 M.Muthu ... Petitioner vs.

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

2.The Chief Educational Officer, Trichy.

3.The District Educational Officer, Puthur, Trichy - 17.

4.Boiler Plant Boys Higher Secondary School, Rep. by its Secretary, Kailasapuram, Trichy - 14.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 3rd respondent to pass orders on the proposal dated 23.01.2017 issued by the 4th respondent for regularizing the petitioner's services and for disbursement of his pay benefits within a time frame fixed by this Hon'ble Court. (Prayer amended vide Court order dated 06.11.2017 in WMP(MD) No.16675/2017) For Petitioner : Mr.R.Subramanian For Respondents 1 to 3 : Mr.A.K.Baskara Pandian Special Government Pleader

ORDER

In view of the subsequent developments that had taken place after filing the writ petition, the petitioner was permitted vide order dated 06.11.2017 to amend the relief sought as follows: "For the reasons stated in the accompanying affidavit it is prayed that this Hon'ble Court be pleased to issue a Writ of Mandamus or any other Writ or Order or Direction in the nature of Writ, directing the 3rd respondent to pass orders on the proposal dated 23.01.2017 issued by the 4th respondent for regularizing the petitioner's services and for disbursement of his pay benefits, within the time frame fixed by this Hon'ble Court and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice." https://hcservices.ecourts.gov.in/hcservices/ 2.Heard Mr.R.Subramanian, learned counsel appearing for the

petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader appearing for the respondents 1 to 3. 3.Having regard to the limited nature of the relief sought for, this Court, without expressing any view on the correctness or entitlement of the claim made, directs the third respondent to consider the proposal made by the 4th respondent dated 23.01.2017, in respect of the service benefit of the petitioner and pass reasoned orders on merits and in accordance with law and communicate such decision to the petitioner and file a report of such compliance before the Registrar (Judicial), Madurai Bench of Madras High Court, Madurai on or before 31.01.2018.

4.Accordingly, this Writ Petition is disposed with the above directions. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Director of School Education, Chennai - 6.

2.The Chief Educational Officer, Trichy.

3.The District Educational Officer, Puthur, Trichy - 17.

Copy to : The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 87280 +1cc to M/s.R.SUBRAMANIAN Advocate in SR. No. 87123 SJ JS/SV.MMS/SAR.1/22.11.2017/2P-7C order in W.P(MD)No.658 of 2011 13.11.2017 https://hcservices.ecourts.gov.in/hcservices/