IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:13.04.2009 CORAM; THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.NO.28747 OF 2006 V.Venkatesan, Secondary Grade Teacher Shoolagiri Panchayat Union Middle School, Chembarasanapalli Hosur Taluk Dharmapuri Dist., ..Petitioner Vs 1.The Director of Elementary School, College Road, Nungambakkam, Chennai -6. 2.The District Elementary Educational Officer, Dharmapuri. 3.The Assistant Elementary Educational Officer, Shoolagiri, Dharmapuri. ..Respondents This Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.9180/1997 from the file of Tamil Nadu Administrative Tribunal with the prayer to issue a writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent in his Proceedings Roc.No.9383/A3/dated 26.9.97 and quash the same and direct the respondent to promote the applicant to the post of Tamil Elementary School Headmaster with effect from the date of promotion given to his juniors with all monetary and service benefits. for petitioner : Mr.R.Singaravelan for respondents : Mr.P.Gurunathan,G.A. ORDER
The petitioner was working as a Secondary Grade Teacher, Telugu at the Panchayat Union Elementary School, Chembarasanapalli, Dharmapuri District. He had also passed language test conducted by the Tamil Nadu Public Service Commission. He filed O.A.No.7197/1997 before the Tribunal. The Tribunal gave a direction to dispose of his representation dated 4.8.97. The representation relates to promotion to the post of Headmaster of the Primary School. It is seen from the records that during the course of the implementation of the Original Application order, the District Educational Officer, the second respondent sent a communication dated 26.9.97 with a copy marked to the petitioner stating that in the seniority list the petitioners name was placed in No.3 in the panel prepared for the Primary School with Tamil as the language since the seniors have relinquished their promotion the petitioner could have been considered. But, however, even before the Tribunals order since the existing vacancy was filled up by a Tamil Pandit, the petitioners request cannot be considered. This inter-office communication has become the subject matter of the present Original Application in O.A.No.9180/1997. In view of the abolition of the Tribunal, the Original Application stood transferred to this Court and renumbered as W.P.No.28747/2006. It is not clear as to how the petitioner can use the inter-office communication between the second respondent and the Standing Counsel as the subject matter of the Original Application. Even in the present case the petitioner has not impleaded the Tamil Pandit who has been selected which is attacked as contrary to the seniority list. In the light of the above no relief can be given. Hence, the writ petition is dismissed. No costs.
sal
To
1.The Director of Elementary School,
College Road, Nungambakkam,
Chennai -6.
2.The District Elementary
Educational Officer,
Dharmapuri.
3.The Assistant Elementary
Educational Officer,
Shoolagiri,
Dharmapuri