Madras High Court
S.Rajeshwari vs The Director Of School Education on 2 March, 2022
W.P. (MD) No. 1371 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.03.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P. (MD) No. 1371 of 2022
S.Rajeshwari ... Petitioner
Vs.
1. The Director of School Education,
College Road,
Chennai.
2. The Joint Director (Personnel),
Department of Government Examination,
College Road,
Chennai - 600 006.
3. The Chief Educational Officer,
Theni,
Theni District.
4. The District Educational Officer / Camp Officer,
Periyakulam,
Periyakulam Taluk,
Theni District. ... Respondents
_________
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P. (MD) No. 1371 of 2022
PRAYER: Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus directing the first respondent to
pass appropriate orders on the Appeal dated 18.01.2021 preferred by the
petitioner, in the light of the order of the Hon'ble Supreme Court in In Re
Cognizance for Extension of Limitation -Vs- XXXX reported in 2021 (4)
CTC 860 dated 27.04.2021, by considering the representation of the
petitioner dated 13.11.2021.
For Petitioner : Mr.K. Ponnaiah
for Ajmal Associates
For Respondents : Mr.G.V.Vairam Santhosh
Additional Government Pleader
ORDER
The Writ of Mandamus is filed to direct the first respondent to
pass appropriate order on the Appeal dated 18.01.2021 preferred by the
petitioner.
2. The grievances of the writ petitioner is that the judgment of the
Hon'ble Supreme Court in In Re Cognizance for Extension of Limitation
_________
https://www.mhc.tn.gov.in/judis
W.P. (MD) No. 1371 of 2022
Vs. XXXX reported in 2021 (4) CTC 860 dated 27.04.2021 was not
considered by the respondents. However, the petitioner admitted that, the
Appeal filed by the petitioner on 18.01.2021 challenging the punishment of
stoppage of increment was already disposed of by the Commissioner of
School Education, in proceedings dated 02.09.2021. The said appellate
order is also enclosed in the typedset of papers filed in the Writ Petition.
3. This being the factum, the present Writ Petition is filed seeking
a direction again to the first respondent to consider the original Appeal filed
by the writ petitioner on 18.01.2021, which was already disposed of. Such a
procedure is not contemplated. A direction in respect of the disposed Appeal
cannot be granted to re-consider the Appeal already considered by the
Authorities and disposed of. The petitioner has to approach the Higher
authorities, namely, the Government for reviewing the order or otherwise.
Contrarily, the disposed Appeal cannot be re-opened for the purpose of
re-consideration by issuing a direction to consider the Appeal as sought for
in the present Writ Petition. The very relief sought for in the present Writ
_________
https://www.mhc.tn.gov.in/judis
W.P. (MD) No. 1371 of 2022
Petition is absolutely misconceived and not sustainable. Therefore, the
petitioner is at liberty to approach the Government for reviewing the order
or otherwise in the manner contemplated under the relevant rules in force.
4. Accordingly, this Writ Petition is disposed of. However, there
shall be no order as to costs.
02.03.2022
Index : Yes
Speaking Order : Yes
vji
_________
https://www.mhc.tn.gov.in/judis
W.P. (MD) No. 1371 of 2022
To
1. The Director of School Education,
College Road,
Chennai.
2. The Joint Director (Personnel),
Department of Government Examination,
College Road,
Chennai - 600 006.
3. The Chief Educational Officer,
Theni,
Theni District.
4. The District Educational Officer / Camp Officer,
Periyakulam,
Periyakulam Taluk,
Theni District.
_________
https://www.mhc.tn.gov.in/judis
W.P. (MD) No. 1371 of 2022
S.M.SUBRAMANIAM, J.
vji
W.P. (MD) No. 1371 of 2022
02.03.2022
_________
https://www.mhc.tn.gov.in/judis
