P.Jagadheesan, Vs Government of Tamil Nadu

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in the proceedings issued in Na.Ka.No.30381/W3/E2/2010 dated 31.03.2010 and quash the same insofar as the Respondent Nos. 5 and 6 are concerned and issue a consequential direction to the Respondents 1 to 4 to include the name of the petitioner at appropriate place in the panel prepared as on 01.01.2010 by the Joint Director of School Education in his

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https://www.mhc.tn.gov.in/judis

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W.P.No.25926 of 2011

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proceedings dated 31.03.2010 in Na.Ka.No.30381/W3/E2/2010, for the post of Physical Director Grade I and to promote the petitioner as Grade I Physical Director with service and monetary benefits by way of recruitment by transfer, from the date on which the juniors of the petitioner were promoted.

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For Petitioner : Mr.R.Saseetharan For R1 to R4 : Mr.K.H.Ravikumar, Government Advocate For R5 & R6 : No appearance O R D E R

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When the matter is taken up for consideration, the learned counsel for

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the petitioner submitted that the representation/ appeal that was filed by the petitioner against the impugned proceedings and making a claim for promotion to the post of 'Physical Director' by duly including his name in the panel as on 01.01.2010 is pending before the Respondent No.1 and sought appropriate directions to the Respondent No.1 to consider the said representation/ appeal and to pass appropriate orders thereon instead of adjudicating the present writ petition on merits.

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Mr.K.H.Ravikumar, learned Government Advocate appearing for the Respondents 1 to 4 submitted that the said representation/ appeal is stated to have been field as early as on 21.06.2011 and therefore, it would be appropriate if the petitioner makes any fresh claim by duly enclosing the previous representation dated 21.06.2011 to enable the Respondent No.1 to

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https://www.mhc.tn.gov.in/judis

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W.P.No.25926 of 2011

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consider the same in a proper manner.

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In the light of the above, without going into the merits of the matter, the writ petition is disposed of permitting the petitioner to submit a fresh representation/ appeal before the Respondent No.1 by duly enclosing the previous representation dated 21.06.2011 within a period of three weeks from the date of receipt of a copy of this order and on submission of such representation/ appeal by the petitioner, the Respondent No.1 shall consider the same and pass appropriate orders thereon in accordance with law within a further period of six weeks from the date of receipt of such representation and communicate the same to the petitioner.

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