Citation : 2024 Latest Caselaw 430 Mad
Judgement Date : 5 January, 2024
W.P.No.4803 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2024
CORAM :
THE HONOURABLE DR. JUSTICE D.NAGARJUN
W.P.No.4803 of 2015
and
W.M.P.Nos.1 and 2 of 2015
C.Selvadurai ...Petitioner
Vs.
1. State of Tamil Nadu,
Rep. By its Principal Secretary,
School Education paka 3(1) Department,
Secretariat, Chennai – 600 009.
2. District Elementary Educational Officer,
Distrrict Elementary Educational Office,
Cuddalore.
3. D.Glory Thangam
4. R.Nilavu ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue Writ of certiorarified mandamus calling for the concerned records
from the first respondent relating to G.O.(Perm).No.165 dated 15.10.2014
read with the proceedings of the second respondent in
Na.Ka.No.992/A2/2014 dated 17.06.2014 and 03.11.2014 bearing reference
Page No.1 of 4
https://www.mhc.tn.gov.in/judis
W.P.No.4803 of 2015
No.3419/A7/2013 promoting the third and fourth respondents read with the
communication dated 07.01.2015 in Na.ka.No.5720/A2/2014 and the second
respondent asking the petitioner to wait till the next vacancy arose and quash
the same in sofar as the G.O does not specifically extend the benefit of
promotion from the date the petitioner is due for promotion , viz., 2011 or at
least from the date of the judgment of this Hon’ble Court viz., 02.07.2012 in
W.P.No.25432 of 2011 and batch, promoting respondents 3 and 4
overlooking the petitioner’s seniority and consequently direct the respondents
3 and 4 overlooking the petitioner’s seniority to the post of Middle School
HM from 02.07.2012 being the date of the judgment in W.P.No.25432 of
2011 and batch or atleast from the date the third respondent was promoted
with all the monetary, seniority and consequential service and other benefits
from that date together with 12% interest per annum from the date it is due
and till the date of actual payment, award costs.
For petitioner : No appearance
For respondent : Mr.M.S.Prem Kumar
Government Advocate
ORDER
The learned counsel for the petitioner as well as the learned
Government Advocate representing the respondents 1 and 2 are present.
https://www.mhc.tn.gov.in/judis
2. The learned Government Advocate representing the respondents
1 and 2 has filed a copy of a proceeding dated 17.06.2014 stating that the
petitioner was promoted from Elementary School Headmaster to Middle
School Headmaster, thereby the relief sought by the petitioner has been
fulfilled by the respondents and the cause does not survive any more in this
writ petition.
3. Recording the same and taking into consideration the
proceedings submitted by the learned Government Advocate, this writ
petition is dismissed as having become infructuous. Connected M.Ps are
closed. No costs.
05.01.2024
vca
To:
1. The Principal Secretary, School Education paka 3(1) Department, Secretariat, Chennai – 600 009.
2. District Elementary Educational Officer, Distrrict Elementary Educational Office, Cuddalore.
https://www.mhc.tn.gov.in/judis
DR. D.NAGARJUN,J.
vca
05.01.2024
https://www.mhc.tn.gov.in/judis
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