The High Court of Madras disposed of a writ petition seeking notional promotion for the petitioner. The Court directed the petitioner to file a fresh representation and for the authorities to decide on merits within four weeks.
Directed the petitioner to file a fresh representation; respondents to consider it and pass orders within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.17418 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2023
CORAM :
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.No.17418 of 2023
M.Govindaraj
... Petitioner
Vs.
Secretary to Government, School Education Department,
Fort St. George, Chennai - 600 009.
... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to give promotion to the petitioner notionally from the date of promotion given to his batch mate vide proceeding in Na.Ka.No.22674/A4/E3/2016 dated 03.02.2017 as assistant with all consequential benefits and in accordance with law within a time to be stipulated by this Honourable Court.
1/6
W.P.No.17418 of 2023
For Petitioner : Mr. P.Ganesan For Respondents : Mr. P.Baladhandayutham Special Government Pleader
ORDER
The petitioner seeks issuance of a Writ of Mandamus, to direct the respondents to give promotion to him notionally, from the date of promotion given to his batch mates vide proceedings in Na.Ka.No.22674/A4/E3/2016 dated 03.02.2017, as Assistant, together with all consequential benefits and in accordance with law and within a time frame stipulated by this Court.
W.P.No.17418 of 2023
also attended School Sub Inspector Part-III (Educational Statistics) Examination five times during the period between December 2012 and December 2014 though unsuccessful.
W.P.No.17418 of 2023
name for promotion on par with his juniors to the post of Assistant by giving relaxation to the relevant rules.
contend that the petitioner should be given the benefits of relaxation.
W.P.No.17418 of 2023
School Education (4(2)) Department dated 04.01.2018 and G.O(Ms).No.15, Human Resources Management(B) Department dated 02.02.2022 and pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter.
13.06.2023
Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order Neutral Citation : Yes / No
arb
P.B.BALAJI, J.
arb
To 1.The Secretary,
W.P.No.17418 of 2023
Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.
W.P.No.17418 of 2023
13.06.2023
2 issues framed by the court
Whether the petitioner should be directed to file a fresh representation for promotion to the post of Assistant with relaxation of rules.
Whether the respondents must consider the fresh representation in light of relevant Government Orders within a specified time frame.
M. Govindaraj
Government of Tamil Nadu
P.B. Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
