1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 16.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.14425 of 2011 A.Jesudoss, Secondary Grade Teacher, Panchayat Union Elementary School, Mudaliarpatti, Vedachandur Union, Dindigul District. ..Petitioner Vs 1. The Commissioner on Appeal,represented by its Chairperson, Vigilance Commissioner and Commissioner for Administrative Reforms Department, Secretariat, Chennai. 2. The State of Tamil Nadu,represented by its Principal Secretary, School Education Department, Secretariat, Chennai. ..Respondents. Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the second respondent to forward the petitioner's application, dated 15.07.2011 to the file of the first respondent and consequently to direct the first respondent to consider and dispose of the said application in the light of G.O.Ms.No.169, Personnel and Administrative(S) Department, dated 16.12.2009 within a period that may be stipulated by this Court. For Petitioner :M/s.M.Ajmal Khan For Respondents :Mrs. J.Bharathi, Govt.Advocate ORDER The grievance of the Petitioner /A.Jesudoss as advanced by the learned counsel for the petitioner is that he made a requested transfer to go on transfer from Aravakurichi, Karur District to Vedachandur Union,Dindigul District. The said request was considered by the department. However, when he was transferred instead of keeping him as Junior-most person in the Headmaster's list of Vedachandur Union, Dindigul District, they have wrongly placed him as Junior-most person in the list of Secondary Grade Teacher. As a result, the petitioner is not able to get his service benefits to the post of Headmaster in the Primary school. In fact, the petitioner was admittedly serving as Headmaster of Primary school when he made requested transfer. Under these circumstances, the petitioner has presented his representation to rectify his grievance. The said representation till date has not been considered. Under these circumstances, he has come to this Court praying for issuance of a Writ of Mandamus to direct the second respondent to forward the petitioner's application, dated 15.07.2011 to the file of the first respondent and consequently to direct the first respondent to consider and dispose of the said application in the light of G.O.Ms.No.169, Personnel and https://hcservices.ecourts.gov.in/hcservices/ 2 Administrative(S) Department, dated 16.12.2009 within a period that may be stipulated by this Court. 2. The learned Government Advocate appearing for the respondents would submit that the petitioner's application is to be forwarded only by the Head of the Department. Therefore if the petitioner's representation, dated 15.07.2011 would be forwarded for proper disposal by the Committee on Appeal, the petitioner should have impleaded the Head of the Department as one of the necessary party. That submission does not carry any interest in view of G.O.Ms.No. 169, Personnel and Administrative(S) Department, dated 16.12.2009, wherein, the method of disposal of similar grievance has been sought for. In para 2, it is stated that the person who prepares an appeal/revision shall submit his petitions to the appellate/revisionary authority of the administrative department concerned and it shows that the second respondent is the appropriate authority to consider and forward the same to the first respondent, namely, the Committee on Appeals, represented by its Chair-person, Vigilance Commissioner and Commissioner for Administrative Reform Department, Secretariat, Chennai. 3. In view of that matter, as the petitioner has already submitted his application, dated 15.07.2011 seeking redressal of his grievance, the second respondent is directed to process the representation and the same be presented before the first respondent and the said exercise shall be done within a period of eight weeks from the date of receipt of a copy of this order. On receipt of the said representation from the second respondent, the first respondent is also directed to consider and pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter. 4. With the above direction, the Writ Petition is disposed of. No costs. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR vsn To 1. The Chairperson, Commissioner on Appeal, Vigilance Commissioner and Commissioner for Administrative Reforms Department, Secretariat, Chennai. 2. The Principal Secretary, State of Tamil Nadu, School Education Department, Secretariat, Chennai. 1CC TO MR. M. AJMAL KHAN, ADVOCATE, SR:44410: 1CC TO THE SPL. GOVT PLEADER SR: 44323: DM::2012:JANUARY:04:: W.P(MD)No.14425 OF 2011 16.12.2011 https://hcservices.ecourts.gov.in/hcservices/