Madras High Court
G.Karthikeyan vs The Director Of School Education on 8 February, 2021
Author: M.Dhandapani
Bench: M.Dhandapani
W.P(MD)No.9168 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P(MD)No.9168 of 2012
and
M.P.(MD).Nos.1 and 2 of 2012
G.Karthikeyan ... Petitioner
Vs.
1.The Director of School Education,
College Road, Chennai-6.
2.The Joint Director of School Education (H.S.),
College Road, Chennai-6.
3.The Chief Educational Officer,
Madurai District,
Tallakulam, Madurai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of writ of mandamus directing the respondents to
prepare and publish the seniority panel for the post of P.G.Assistant
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W.P(MD)No.9168 of 2012
(Economics) in Government Higher Secondary Schools for the academic
year 2012-2013 afresh in accordance with G.O.Ms.No.368 P & AR dated
18.10.1993 and in the light of (i)G.O.Ms.No.169 dated 02.01.2011, (ii)
G.O.Ms.No.212 dated 23.12.2011 (iii)G.O.Ms.No.120 dated 08.08.2011
and (iv)G.O.Ms.No.137 dated 08.06.2012.
For Petitioner : Mr.Arul Vadivel @ Sekar
For Respondents : Mr.C.M.Marichelliah Prabhu
Additional Government Pleader
ORDER
The present writ petition is filed for a direction to the respondents to prepare and publish the seniority panel for the post of P.G.Assistant (Economics) in Government Higher Secondary Schools for the academic year 2012-2013 afresh in accordance with G.O.Ms.No.368 P & AR dated 18.10.1993 and in the light of (i)G.O.Ms.No.169 dated 02.01.2011, (ii) G.O.Ms.No.212 dated 23.12.2011 (iii)G.O.Ms.No.120 dated 08.08.2011 and (iv)G.O.Ms.No.137 dated 08.06.2012. http://www.judis.nic.in 2/8 W.P(MD)No.9168 of 2012
2. The case of the petitioner is that the petitioner was selected through Teachers Recruitment Board on 24.11.2008 and appointed as B.T.Assistant (Mathematics) and joined service on 12.01.2009 at Government High School, Kovilur, Karur District. At the time of entering into the service, he was possessing B.Sc.,(Mathematics)M.Sc., (Mathematical Economics) and B.Ed. After his appointment, he had completed B.A.(Economics) degree through Distance Education in the year 2011 and his service as B.T.Assistant was regularised on 12.01.2009. Though the petitioner had completed two years service, however, the third respondent did not declare his probation and a representation was sent by the petitioner's Association on 07.05.2012 to the third respondent to declare the petitioner's probation, but so far the third respondent has not passed any orders. Thereafter, the petitioner is deemed to be satisfactorily completed his probation on 12.01.2011 and he was transferred to various schools. At that time, the second respondent vide his proceedings dated 13.01.2012 directed all the Chief Educational Officers to collect and send the particulars of eligible B.T.Teachers as on 01.01.2012, for promotion as P.G.Assistant in Government Higher Schools/Higher Secondary Schools. Though the petitioner is eligible for promotion to the post of P.G.Assistant (Economics)in Higher Secondary http://www.judis.nic.in 3/8 W.P(MD)No.9168 of 2012 School by virtue of G.O.Ms.No.2039 dated 17.12.1974 and G.O.Ms.No. 1622 Education (HS-2) Department dated 21.10.1988, and a proposal dated 16.02.2012 was sent through the Headmaster of the school to the second respondent to consider the petitioner for the said promotion and the petitioner's Association also sent a representation in this regard on 07.05.2012, however, without considering the same, the second respondent published temporary seniority panel on 13.05.2012 in his official website, in which the petitioner's name was not found place. Hence, the petitioner sent another representation dated 12.06.2012. But so far the said representation is not considered . Hence, this writ petition.
3. The learned counsel for the petitioner would submit that it would be suffice if a direction is issued to the respondents to consider the representation of the petitioner within a reasonable time as fixed by this Court.
4. Though the respondents filed counter, the learned Additional Government Pleader has no objection to consider the request made by the petitioner.
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5. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents and perused the materials.
6. Considering the limited request made by the petitioner and without going to the merits of the case, I am inclined to issue a direction to the respondents to consider the representation of the petitioner within a stipulated time. Accordingly, the concerned respondent is directed to consider the representation of the petitioner and pass appropriate orders, within a period of twelve(12) weeks from the date of receipt of a copy of this order, on merits and in accordance with law. The petitioner is directed to send a copy of the representation along with a copy of this order to the respondents to enable them to take further action in this regard.
7. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
08.02.2021
Index : Yes / No
Internet : Yes/ No
PJL
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W.P(MD)No.9168 of 2012
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Director of School Education, College Road, Chennai-6.
2.The Joint Director of School Education (H.S.), College Road, Chennai-6.
3.The Chief Educational Officer, Madurai District, Tallakulam, Madurai.
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