Disposed

V.Kodieswari, v. the State of Tamil Nadu

Madras HC9 Mar 2017WP(MD)/6015/2014

Case brief

AI extract

What is this about?

In two connected writ petitions, the Madurai Bench of the Madras High Court directed the Commissioner of Madurai Corporation to consider the petitioner's objections to a promotion panel and pass orders within eight weeks, without expressing opinion on merits, before disposing of the petitions concerning a Post Graduate Assistant post.

What did the court decide?

Direction to the second respondent to consider petitioner's objections of 01.07.2014 and pass orders on merits within eight weeks.

V.Kodieswari, Vs the State of Tamil Nadu — Service and Employment | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2017

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CORAM:

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THE HON'BLE MR.JUSTICE S.S.SUNDAR

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Writ Petition (MD) Nos.6015 and 11020 of 2014

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and

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connected miscellaneous petitions

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W.P.(MD) No.6015 of 2014 V.Kodieswari ... Petitioner

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Versus

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1.The State of Tamil Nadu, Represented by its Principal Secretary, Department of School Education, Fort St. George, Chennai – 09. 2.The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai, Madurai District. 3.The Educational Officer, Madurai Corporation, Aringar Anna Maligai, Madurai, Madurai District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Ref. No.A1/005908/14, dated 19.03.2014, on the file of the respondent No.3 and quash the same, as illegal and consequently to direct the respondent No.2 and 3 to offer promotion to the petitioner to the post of Post Graduate Assistant in Economics in the available vacant post within the time stipulated by this Hon'ble Court.

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For petitioner : Mr.T.Lajapathi Roy For R1 : Mr.J.Gunaseelan Muthiah Government Advocate https://hcservices.ecourts.gov.in/hcservices/ For R2 and R3 : Mr.R.Murali for Mr.G.R.Swaminathan ***

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W.P.(MD) No.11020 of 2014

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V.Kodieswari ... Petitioner

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Versus 1.The State of Tamil Nadu, Represented by its Principal Secretary, Department of School Education, Fort St.George, Chennai – 09.

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2.The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai, Madurai District.

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The Educational Officer, Madurai Corporation, Aringar Anna Maligai, Madurai, Madurai District. ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus forbearing the respondents No.2 and 3 from filling up the vacant post of Post Graduate Assistant in Economics at Pandian Nedunchezhian Corporation Higher Secondary School, Madurai without considering the objections of the petitioner dated 01.07.2014 to the panel for promotion to the post of Post Graduate Assistant in Economics as on 01.01.2014 published on 01.07.2014.

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For petitioner : Mr.T.Lajapathi Roy For R1 : Mr.J.Gunaseelan Muthiah, Government Advocate For R2 and R3 : Mr.R.Murali for Mr.G.R.Swaminathan ***

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O R D E R

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In the Writ Petition filed in W.P.(MD)No.6015 of 2015, the petitioner challenges the proceedings of the Corporation of Madurai wherein the petitioner was denied promotion on the ground that her name will be considered for promotion on the basis of seniority for the next academic year. The petitioner has https://hcservices.ecourts.gov.in/hcservices/ submitted a representation on 25.01.2014 challenging the panel for promotion prepared on 01.01.2013. In the representation dated 25.01.2014, the petitioner has raised serious objections with

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regard to the panel for promotion to the post of Post Graduate Assistant in Economics for the academic year 2013. Despite the representation, the impugned order was passed rejecting the representation of the petitioner. The petitioner thereafter has challenged the said order and also raised objections to the panel prepared for the next year. W.P.(MD)No.11020 of 2014 is filed for issuing a Writ of Mandamus forbearing respondents 2 and 3 from filling up the vacant post of Post Graduate Assistant in Economics in the school concerned, without considering the objections of the petitioner dated 01.07.2014 to the panel for promotion published on 01.07.2014.

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2.Heard the learned counsel for the petitioner, the learned Government Advocate appearing for the first respondent and the learned Standing Counsel appearing for the respondents 2 and 3.

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3.The learned counsel for the petitioner in both the writ petition would submit that the petitioner will be satisfied if a direction is issued to the respondents to consider the objection of the petitioner sent on 01.07.2014.

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4.Having regard to the request of the learned counsel for he petitioner and taking into account the stand taken by the learned counsel for the respondents that the respondents have no objection, if such a direction is issued, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following order:

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The second respondent is directed to consider the objections of the petitioner dated 01.07.2014 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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5.With the above direction, both the Writ Petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

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Sd/-

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Assistant Registrar(CS-III)

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/True copy/

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Sub Assistant Registrar

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1.The Principal Secretary, Department of School Education,

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https://hcservices.ecourts.gov.in/hcservices/ Fort St. George, Chennai – 09.

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2.The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai, Madurai District.

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3.The Educational Officer, Madurai Corporation, Aringar Anna Maligai, Madurai, Madurai District. +2cc tp Mr.T.Lajapathi Roy, Advocate, SR.No:13641 & 13642 +2cc to Special Government Pleader, SR.No:13756 & 13761 +1 cc to Mr.R.Murali , Advocate in SR.No. 14210

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SRM

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AE/SKN/RSK/03.04.2017/4P/9C

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Writ Petition (MD) Nos.6015 and 11020 of 2014 09.03.2017

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https://hcservices.ecourts.gov.in/hcservices/

V.Kodieswari, v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

V.Kodieswari, v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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