K.Amala Devi vs The Director
2023 Latest Caselaw 15459 Mad

Madras High Court

K.Amala Devi vs The Director on 30 November, 2023

Author: Sanjay V.Gangapurwala

Bench: Sanjay V.Gangapurwala

                                                                         W.A.(MD)No.1456 of 2022


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 30.11.2023

                                                      CORAM:

                     THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                              and
                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                              W.A.(MD)No.1456 of 2022

                 K.Amala Devi                                              ... Appellant

                                                       -vs-

                 1.The Director,
                   Directorate of School Education,
                   D.P.I. Campus,
                   College Road,
                   Chennai – 6.

                 2.The Joint Director (Higher Secondary),
                   D.P.I. Campus,
                   College Road,
                   Chennai – 6.

                 3.The Chief Educational Officer,
                   Kokkirakulam,
                   Collectorate Campus,
                   Tirunelveli District.                                   ... Respondents
                           PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
                 against the order dated 28.10.2022, made in W.P.(MD)No.15448 of 2021.




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                                                                              W.A.(MD)No.1456 of 2022


                                  For Appellant          : Mr.S.Louis

                                  For Respondents        : Mr.D.Sadiq Raja
                                                           Additional Government Pleader


                                                       JUDGMENT

[Delivered by the Hon'ble CHIEF JUSTICE]

We have heard Mr.S.Louis, learned counsel for the appellant and

Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents.

2. The appellant has filed Writ Petition before the learned Single Judge

to fix her seniority. The juniors of the appellant were promoted in the year

2018, whereas, the appellant was promoted on 21.10.2020.

3. The learned counsel for the appellant submits that the Department

did not disclose about the vacant posts available in the same District. It is

because, the appellant was required to go to other place, she declined

promotion in the year 2018. Two juniors of the appellant were promoted in

the year 2018 and they came back to their parent Districts within five months.

The posts in the same District were available in the year 2018 also and the

same was not disclosed. The said aspect ought to have been considered.

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4. We have considered the submissions canvassed by the learned

counsels on either side and also gone through the order passed by the learned

Single Judge.

5. We do not find any error committed by the learned Single while

passing the impugned order. The factual matrix has been considered by the

learned Single Judge threadbare. The appellant was promoted in the year

2018, but had declined, as she did not want to leave the District.

6. In the light of the above, no case is made out for interference. The

Writ Appeal stands disposed of. No costs.

                                                   [S.V.G., .C.J.]                  [L.V.G., J.]
                                                                     30.11.2023
                 Index            : Yes / No
                 Neutral Citation : Yes / No
                 smn2




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To

1.The Director, Directorate of School Education, D.P.I. Campus, College Road, Chennai – 6.

2.The Joint Director (Higher Secondary), D.P.I. Campus, College Road, Chennai – 6.

3.The Chief Educational Officer, Kokkirakulam, Collectorate Campus, Tirunelveli District.

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THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI, J.

smn2

30.11.2023

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