Madras High Court
The Director Of School Education vs M.Chandran on 9 February, 2021
W.A.(MD)No.132 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.132 of 2021
and
C.M.P.(MD)No.334 of 2021
1.The Director of School Education,
Directorate of School Education,
DPI Complex, Chennai – 600 006.
2.The Joint Director of School Education (Personnel),
Chennai – 600 006.
3.The Chief Educational Officer,
O/o. Chief Educational Officer,
Ramanathapuram District,
Ramanathapuram.
4.The District Educational Officer,
Ramanathapuram District,
Ramanathapuram.
5.The Headmaster,
Government Higher Secondary School,
Sathirakudi, Ramanathapuram District. : Appellants
Vs.
M.Chandran : Respondent
1/4
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W.A.(MD)No.132 of 2021
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the
order dated 15.02.2019 made in W.P.(MD)No.19525 of 2018.
For Appellants : Mrs.S.Srimathy,
Special Government Pleader
For Respondent : Mr.V.Panner Selvam
*****
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This appeal has been preferred against the order of the learned Single Judge,
who allowed the writ petition filed by the respondent / petitioner by issuing the
following directions:
“9.Under such facts and circumstances of the case and in view of
the decisions cited supra, the following directions are issued in this writ
petition:
(i) The name of the petitioner shall be included in the panel based
on the crucial date 01.01.2018, fit for promotion to the post of Head
Master and the said panel shall be acted upon, here the name of the
petitioner is found place, he can be considered for further promotion of
Head Master, unmindful of the subsequently framed charges against the
petitioner during May 2018.
(ii) If the name of the petitioner is considered as directed and any
promotion is given to him, that will be subject to the result of the
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W.A.(MD)No.132 of 2021
departmental proceedings initiated against the petitioner on
10.05.2018.”
2. Though the learned Special Government Pleader appearing for the
appellants submitted that the writ petitioner's name was not included in the
promotion panel in view of the pendency of the criminal case, we find that the
case has been registered in pursuant to a dispute among the family members and
that on the crucial cut-off date, neither a case is pending nor a FIR is registered as
against the writ petitioner.
3. In such view of the matter, we are not inclined to interfere with the order
of the learned Single Judge and accordingly, this writ appeal stands dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
Index : Yes / No [M.M.S.,J.] [S.A.I.,J.]
Internet : Yes 09.02.2021
gk
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W.A.(MD)No.132 of 2021
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
gk
W.A.(MD)No.132 of 2021
09.02.2021
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