1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.2958 of 2011 Pattabi Nagarajan : Petitioner Vs. 1.The Joint Director of School Education, Chennai-600 006. 2.The Director of Elementary Education, Chennai-600 006. 3.The District Elementary Educational Officer, Collectorate Complex, Sivaganga, Sivaganga District. 4.The Assistant Elementary Educational Officer, Thiruppuvanam, Sivaganga District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to include the name of the petitioner in the seniority panel for promotion for the post of "DESK SUPERINTENDENT" selected from the post of "ASSISTANT" as on 15.03.2010 by considering the representations given by the petitioner dated 21.12.2010 and 02.03.2011 within the stipulated period prescribed by this Court. For Petitioner : Mr.N.Sathish Babu For Respondents : Mr.V.Rajasekaran Special Government Pleader ****** O R D E R ******* Mr.V.Rajasekaran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. I have heard Mr.N.Sathish Babu, learned counsel appearing for the petitioner and Mr.V.Rajasekaran, learned Special Government Pleader appearing for the respondents. 3. The petitioner has filed the present Writ Petition for a Mandamus, directing the first respondent to include the name of the petitioner in the seniority panel for promotion for the post of Desk Superintendent, selected from the post of Assistant as on 15.03.2010 by https://hcservices.ecourts.gov.in/hcservices/ 2 considering the representations given by him dated 21.12.2010 and 02.03.2011 within a time stipulated by this Court. 4. The case of the petitioner is that he has completed his School education and was appointed as Lab Assistant on 02.06.1989 at Government Higher Secondary School, Thiruppachethi, Sivaganga District. His appointment was made on compassionate ground, as his father expired on 27.07.1988 while in service. Now, he is working as Assistant in the fourth respondent office. He was promoted as Assistant on 09.02.2009 and posted at the fourth respondent office and continuing in the same office at present. The Joint Director of School Education has prepared a panel for promotion for the post of Desk Superintendent throughout the State. Those who are having eligibility as Assistants as on 15.03.2010 could be appointed for the said post. 5. However, his name was not included in the above said panel, while his juniors were considered and appointed. He came to know that his name has not been included in the above said panel, as he has completed his training and test belatedly. He has submitted a representation to the fourth respondent on 21.12.2010 requesting to regularize his service in the said post of Assistant. The third respondent also recommended his request for consideration to the second respondent through his proceedings dated 06.01.2011. That apart, he has submitted a representation to the first respondent on 02.03.2011 requesting to include his name in the seniority panel for the post of Desk Superintendent. 6. In similar circumstances, the first respondent, in his letter dated 11.11.2002, gave a direction to the second respondent to give priority in the promotion to the persons, who are all senior by way of appointment, though they have not completed the probation period of two years, due to administrative reasons. However, the case of the petitioner was not considered and hence, the petitioner has approached this Court by filing the present Writ Petition. 7. Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, I direct the petitioner to send a copy of the representation dated 02.03.2011 to the first respondent, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to consider and dispose of the same, on merits and in accordance with law, within a period of eight weeks thereafter. 8. The Writ Petition stands disposed of in the above terms. No costs. SD/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Joint Director of School Education, Chennai-600 006. https://hcservices.ecourts.gov.in/hcservices/ 3 2.The Director of Elementary Education, Chennai-600 006. 3.The District Elementary Educational Officer, Collectorate Complex, Sivaganga, Sivaganga District. 4.The Assistant Elementary Educational Officer, Thiruppuvanam, Sivaganga District. +1 CC TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 6703 Order made in W.P.(MD).No.2958 of 2011 Dated:- 15.03.2011 SML PAM 22.03.2011/6C/3P https://hcservices.ecourts.gov.in/hcservices/