Madras High Court
C.Velavendan vs Government Of Tamil Nadu on 25 September, 2023
W.P.No.1436 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.1436 of 2022 & WMP.No.1586 of 2022
C.Velavendan ... Petitioner
Vs
1. Government of Tamil Nadu
Represented by its Secretary,
Department of School Education,
Fort St. George, Chennai – 600 009.
2. Government of Tamil Nadu
Represented by its Secretary,
Department of Welfare of Differently Abled Persons,
Fort St. George, Chennai – 600 009.
3. The Commissioner,
Welfare of the Differently Abled Persons,
26MS+9PH, K.K.Nagar, Chennai – 600 083.
4. The Commissioner,
School Education, DPI Campus, Chennai – 600 006.
5. The Joint Director, [Personnel],
School Education, DPI Campus, Chennai – 600 006. ... Respondents
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W.P.No.1436 of 2022
Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to
issue a Writ of Mandamus directing the respondents herein to implement the
reservation in promotion for the persons with disabilities under the provision
of the Person with Disabilities Act (Equal opportunity protection of Rights
and full Participation) Act 1995 (1 of 1996) and the Right of person
Disabilities Act 2016 as per the Judgment of the Hon'ble Supreme court in
civil Appeal No.59 of 2021 vide order dated 28.06.2021 and thereby promote
the petitioner to the post of PG Assistant with effect from 1.1.2009 and
promote the Petitioner to the post of Higher Secondary Headmaster with
effect from 1.1. 2014 with all monetary and service benefits.
For petitioner : Ms.Dahkshayani Reddy, Sr. Counsel,
for Ms.Suneetha
For Respondents : Mr.P.Baladhandayutham
Special Government Pleader
ORDER
This Writ Petition has been filed to direct the respondents to implement
the reservation in promotion for the persons with disabilities under the
provision of the Person with Disabilities Act (Equal opportunity protection
of Rights and full Participation) Act 1995 (1 of 1996) and the Right of
person Disabilities Act 2016 as per the Judgment of the Hon'ble Supreme
court in civil Appeal No.59 of 2021 vide order dated 28.06.2021 and thereby
https://www.mhc.tn.gov.in/judis
W.P.No.1436 of 2022
promote the petitioner to the post of PG Assistant with effect from 1.1.2009
and promote the Petitioner to the post of Higher Secondary Headmaster with
effect from 1.1. 2014 with all monetary and service benefits.
2. When the matter is taken up today, the learned Special Public
Prosecutor appearing for the first respondent submitted that pursuant to the
earlier Order passed by this Court, the High Level Committee has been
constituted and almost 90% of the work has been completed and the entire
issue will be finalized within a period of three months. After the report of the
Committee, the policy decision shall be taken by the Government.
3. In such view of the matter, the respondents are directed to strictly
follow the dictum of the Apex Court based on the report of the High Level
Committee.
4. With the above direction, this Writ Petition is disposed of. No cost.
Consequently, connected miscellaneous petition is closed.
25.09.2023
https://www.mhc.tn.gov.in/judis
W.P.No.1436 of 2022
Index:Yes/No
Neutral Citation : Yes/No
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To,
1. The Secretary,
Department of School Education,
Fort St. George, Chennai – 600 009.
2. The Secretary,
Department of Welfare of Differently Abled Persons,
Fort St. George, Chennai – 600 009.
3. The Commissioner,
Welfare of the Differently Abled Persons,
26MS+9PH, K.K.Nagar, Chennai – 600 083.
4. The Commissioner,
School Education, DPI Campus, Chennai – 600 006.
5. The Joint Director, [Personnel],
School Education, DPI Campus, Chennai – 600 006.
https://www.mhc.tn.gov.in/judis
W.P.No.1436 of 2022
N.SATHISH KUMAR, J.
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WP.No.1436 of 2022
25.09.2023
https://www.mhc.tn.gov.in/judis
