Disposed

I. Rajapushpam, v. the Joint Director

Madras HC27 Mar 2018WP(MD)/14130/2011

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court disposed of a writ petition seeking promotion to Graduate Teacher. The Court held that promotion could not be granted due to the petitioner's retirement and pending criminal proceedings, but directed authorities to consider a representation regarding pending leave salary.

What did the court decide?

Petitioner permitted to submit representation regarding leave salary; authorities bound to consider it on merits. No other order passed.

I. Rajapushpam, Vs the Joint Director — Pension and Retirement Benefits | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2018 CORAM

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THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.(MD) No.14130 of 2011 and M.P(MD)No.1 of 2011

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I.Rajapushpam ... Petitioner

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-vs-

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1.The Joint Director(Higher Education),

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Director of School Education,

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Directorate College Road,

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Chennai-6.

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2.The District Educational Officer, SI.VA Higher Secondary School Complex, Va Road, Tuticorin.

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3.The Chief Educational Officer of Tuticorin District, SI.VA Higher Secondary School Complex,

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Va Road,Tuticorin.

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4.The Secretary, Kayalpattinam Arumuganeri Higher Secondary School,Arumuganeri, Peyanvilai,Tiruchendur Taluk, Tuticorin. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to promote the Petitioner to the post of Graduate Teacher(Tamil) in the vacancy at Kayalpattinam-Arumuganeri Higher Secondary School, Arumuganeri, Peyanvilai, Tiruchendur Taluk, Tuticorin District, at fourth respondent School within the time frame fixed by this Court.

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For Petitioner : Mrs.S.Ramesh For Respondents : Mr.M.Muthu 1 to 3 Additional Government Pleader For Respondent-4 : Mr.C.Venkatesh Kumar

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for M/s.Ajmal Associates

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O R D E R

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The relief sought for in this Writ Petition is for a direction to promote the Petitioner to the post of Graduate Teacher (Tamil) in the vacancy at Kayalpattinam-Arumuganeri Higher Secondary School, Arumuganeri, Peyanvilai, Tiruchendur Taluk, https://hcservices.ecourts.gov.in/hcservices/ Tuticorin District, at fourth respondent School.

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2.It is brought to the notice of this Court that the Writ Petitioner was allowed to retire from service on 31.5.2012 on attaining the age of superannuation. The learned Additional Government Pleader appearing for the respondents 1 to 3 further states that during the relevant point of time, the Writ Petitioner was facing certain criminal proceedings and the same was pending. Under these circumstances, this Court is of an opinion that the relief as such sought for to promote the Petitioner as Graduate Teacher(Tamil)cannot be considered after a length of time.

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3.The learned counsel for the Writ Petitioner states that the leave salary as admissible to the Writ Petitioner is yet to be paid. In this regard, the Petitioner is permitted to submit a representation and in the event of receiving any such representation, the competent authorities are bound to consider the same on merits and in accordance with law.

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4.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(AE)

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/True Copy/

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Sub Assistant Registrar

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1.The Joint Director(Higher Education), Director of School Education, Directorate College Road, Chennai-6.

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2.The District Educational Officer, SI.VA Higher Secondary School Complex, Va Road, Tuticorin.

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3.The Chief Educational Officer of Tuticorin District, SI.VA Higher Secondary School Complex, Va Road,Tuticorin.

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+1cc to Special Government Pleader, SR.No. 59321 +1cc to M/S.V.Raghavachari, Advocate SR.No. 58619

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+1cc to M/S.Ajmal Associates, Advocate SR.No. 58571

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W.P.(MD) No.14130 of 2011 and M.P(MD)No.1 of 2011 27.03.2018

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

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vsn

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JM/SKN RSK/SAR 3/12.04.2018/2P/7C

I. Rajapushpam, v. the Joint Director

Case brief

What is this about?

What did the court decide?

I. Rajapushpam, v. the Joint Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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