A writ petition seeking quashing of a seniority list and grant of notional promotions along with arrears was dismissed as infructuous after the Government promoted the petitioner while the petition was pending.
Writ petition dismissed as infructuous; connected miscellaneous petitions closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.01.2017
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.4271 of 2011
and
MP.Nos.1 and 2 of 2011
K.Krishnamoorthy ...Petitioner
.. Vs ..
1. Director of School Education,
College Road,
Nungambakkam,
Chennai - 6.
Writ Petition under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent in Letter No.10067/A1/2008-4 dated 13.10.2009 and quash the same and consequently, direct the respondents to forthwith to amend the seniority list of the Head Masters as on 1.4.1970 and give the petitioner the notional promotions to the posts of District Education Officer with effect from 21.5.1981 on par with my junior, Mr.B.Sivanandi who was promoted as District Educational Officer vide G.O.No.130 dated 08.08.2006 and consequentially as Chief educational officer with effect froom 18.7.84 the dae on which the Junior Mr.Perumal Pillai (296/31.3.70) was promoted as Chief Educational Officer as per G.O.No.156 (Amended in G.O.No.130) dated 22.7.2008 and consequentially, as Joint Director of School Education as requested in his representation in the annexure to his representations to the respondents dated 9.2.2009 on par with the junior Mrs.P.Barathiamma got promoted as Joint Director of School Education (Seniority No.218 in the list), Joint Director of School Education and pay all the relevant arrears of pay and effect the revision of pensionary
and retirement benefits commensurate with the above promotions along with interest of 18% per annum from the date on which such payments became due within such time.
For Petitioner : Mr.P.Srinivas
For Respondents : Mrs.P.Rajalakshmi, Government Advocate
O R D E R
Both the learned counsel appearing for the parties made a statement that pending the Writ Petition, the Government has passed orders by promoting the petitioner vide G.O.Ms.No.120 School Education Department, dated 29.6.2016 and in view of that, the Writ Petition has become infructuous. Recording the said submission, the Writ Petition is dismissed as infructuous. Connected Miscellaneous Petitions are closed. No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
asvm
To
1. Director of School Education,
College Road,
Nungambakkam,
Chennai - 6.
2. Principal Secretary to Government,
School Education (A1) Department,
Tamil Nadu Secretariat,
Fort St.George,
Chennai - 600 009.
+1cc to Mr.Srinivas, Advocate, S.R.No.3714
+1cc to the Government Pleader, S.R.No.3857
RSY(CO)
RS(08/02/2017)
W.P.No.4271 of 2011
and
MP.Nos.1 and 2 of 2011
K. Krishnamoorthy
Director of School Education
Principal Secretary to Government
D. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
