IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.NO.37718 OF 2006 S.Natarajan .. Petitioner Vs 1. Director of Elementary Education, Chennai-6. 2. District Elementary Educational Officer, Thiruvannamalai. 3. V.G.Ponniakumar .. Respondents PRAYER : Original Application No.8565 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to call for the records pertaining to the order passed by the second respondent in his proceedings Na.Ka.No.7341/A2/98 dated 09.09.1998 and set aside the same and direct the respondents 1 & 2 to promote the applicant as B.T. Assistant from the date on which his junior was appointed and confer all the consequential benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For Petitioner : Mr.S.Ganesan for S.Mani For Respondents : Mr.S.Sivashanmugam Government Advocate for R1 &R2 Mr.P.Mohanraj for Mr.P.Rajendran for R3 O R D E R Original Application No.8565 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to call for the records pertaining to the order passed by the second respondent in his proceedings Na.Ka.No.7341/A2/98 dated 09.09.1998 and set aside the same and direct the respondents 1 & 2 to promote the applicant as B.T. Assistant from the date on which his junior was promoted and https://hcservices.ecourts.gov.in/hcservices/ confer all the consequential benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2.The petitioner was working as Secondary Grade Assistant in Panchayat Union Middle School. As he was aggrieved by the promotion of the third respondent as B.T.Assistant, he filed an appeal to the first respondent on 21.9.1998. It is stated by the petitioner that the said appeal has not been disposed on merits. 3.Heard Mr.P.Mohanraj, learned counsel appearing for the third respondent who submits that without exhausting the remedy by way of appeal, this original application has been filed and the same was renumbered as writ petition. 4.Admittedly, the petitioner has filed an appeal challenging the order of promotion given to the third respondent. If the appeal has so far not been disposed of on merits, the first respondent is directed to dispose of the same, within a period of three months from the date of receipt of a copy of this order. The third respondent has to be given an opportunity, at the time of hearing. This writ petition stands disposed of with the above direction. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. vsm To 1. The Director of Elementary Education, Chennai-6. 2. The District Elementary Educational Officer, Thiruvannamalai. + One cc to the Govt., Pleader Sr 8783 W.P. NO.37718 of 2006 MS (CO) RH (4.3.10) https://hcservices.ecourts.gov.in/hcservices/