1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8730 of 2011 P.Santhakumari ... Petitioner -Vs- 1. Joint Director of School Education (Personnel) College Road Chennai 2. Chief Educational Officer Nagercoil Kanyakumari District 3. District Educational Officer Thakkalai Kanyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the first respondent to promote the petitioner to the post of Personal Assistant to District Educational Officer / Personal Assistant to District Elementary Educational Officer on notional basis by including her name in the promotion panel dated 30.4.2010 prepared vide proceedings of the first respondent bearing Na.Ka.No.17901/A3/E1/2010 with all attendant and consequential benefits. For Petitioner : Mr.G.R.Swaminathan For Respondents: Mr.S.Chandrasekar Government Advocate O R D E R According to the petitioner, she has been included at Serial No. 54, in the panel as on 15.03.2010, for the post of Personal Assistant to the District Elementary Educational Officer. Promotion up to 53 were given. The petitioner retired from service in November 2010. According to the petitioner, the person included at S.No. 53 and promoted was her Junior. 2. It is the grievance of the petitioner that she should have been promoted to the abovesaid post as per the panel. Ventilating her grievance, she made a representation, dated 08.07.2010 which after consideration at different stages has reached the Joint https://hcservices.ecourts.gov.in/hcservices/ 2 Director of Elementary Educational Officer, Personnel, Chennai, the firs respondent herein, vide letter of the Chief Educational Officer, Nagercoil, in R.C.No. 2472/A1/2010, dated 08.09.2010. As the petitioner had already retired from service pending, she seeks for a Mandamus to the Joint Director of School Education (Personnel), Chennai, the first respondent herein, to promote the petitioner to the post of Personal Assistant to the District Educational Officer on notional basis. 3. Perusal of the letter, dated 08.09.2010 of the Chief Educational Officer stated supra shows that the representation of the writ petitioner has been forwarded, wherein, the second respondent has stated that the person at Serial No.53, and promoted to the abovesaid post was junior to the writ petitioner. As the petitioner had already attaining the age of superannuation from service on 31.03.2010, there shall be a direction to the first respondent to consider the case of the petitioner and pass appropriate orders on the representation, dated 08.07.2010 in the light of the letter of the Chief Educational Officer, dated 08.09.2010, on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order. 4. With the abovesaid directions, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1. Joint Director of School Education (Personnel) College Road Chennai 2. Chief Educational Officer Nagercoil Kanyakumari District 3. District Educational Officer Thakkalai Kanyakumari District +1cc to Mr.G.R.Swaminathan, Advocate, Sr.No.26434 +one cc to Special Government Pleader, Sr.No. 26387 W.P.(MD).No.8730 of 2011 04.08.2011 vsg SMA/17.8.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/