Citation : 2024 Latest Caselaw 21457 Mad
Judgement Date : 11 November, 2024
W.P.No.32880 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.32880 of 2024
R. Purushothaman ...Petitioner
Vs
The Joint Director of School Education Department,
Directorate of School Education,
DPI Complex, College Road,
Chennai – 600 006 ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus directing the Respondent to reinstate
the petitioner as a Superintendent with continuity of service and with all
the benefits from 27.09.2017 till date based on his representation dated
17.02.2024 and 08.07.2024 and pass orders.
For Petitioner : Mr. M. Kaviveerappan
For Respondent : Mrs.S. Mythreye Chandru
Special Government Pleader
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.32880 of 2024
ORDER
By consent of learned counsel on either side, this writ petition is
taken up for final disposal at the stage of admission itself.
2. This petition is filed seeking a direction directing the
Respondent to reinstate the petitioner as a Superintendent with continuity
of service and with all the benefits from 27.09.2017 till date based on his
representation dated 17.02.2024 and 08.07.2024.
3. The case of the petitioner is that he was appointed as a
Superintendent in the office of the Assistant Elementary Educational,
Perundurai, Erode District and he was discharging his duties efficiently.
While so, all of sudden he was suspended by the respondent vide order
dated 03.10.2017 and the allegation made against the petitioner was that
he has committed some irregularities in the society. A criminal complaint
was made against the petitioner in this regard and the case was taken on
file in C.C.No.11 of 2020 by the learned Judicial Magistrate, Fast Track
Court at Magistrate Level, Coonoor and the petitioner was also acquitted
https://www.mhc.tn.gov.in/judis
from the charges vide Judgment dated 29.01.2024. The grievance of the
petitioner is that inspite of the fact that he was acquitted from the
charges, he has not been reinstated into services, due to which the
petitioner has given a representation to the respondent on 17.02.2024 and
another representation on 08.07.2024 and the same was not considered
till date. Hence, this petition.
4.The learned counsel for the petitioner submitted that it would be
suffice if this Court issues a direction to the respondent to consider the
petitioner's representation and pass orders.
5. The learned Special Government Pleader appearing for the
respondent submits that the representation of the petitioner will be
considered on merits and in accordance with law.
6. Considering the facts of the case, this Court without expressing
any opinion on the merits of the case, directs the respondent to consider
the petitioner's representation dated 17.02.2024 and 08.07.2024 by
https://www.mhc.tn.gov.in/judis
affording an opportunity of personal hearing and pass orders within a
period of twelve weeks from the date of receipt of a copy of this order.
7. With the above observations this writ petition stands disposed
of. No order as to costs.
11.11.2024
Index:Yes/No Speaking order/Non-speaking order smn
To.
The Joint Director of School Education Department, Directorate of School Education, DPI Complex, College Road, Chennai – 600 006
https://www.mhc.tn.gov.in/judis
V.BHAVANI SUBBAROYAN,J.
smn
11.11.2024
https://www.mhc.tn.gov.in/judis
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