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2025 DAILYLAW 83147 (MAD)

S.LAKSHIMIKANTHAN v. THE STATE OF TAMILNADU REP BY ITS

WP/29489/2025 · 2025-08-07

C Kumarappan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.29489 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.08.2025 CORAM THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.No.29489 of 2025 S.Lakshmikanthan ... Petitioner Vs. 1.The State of Tamil Nadu Rep. by its Principal Secretary to Government, School Education Department, Fort St.George, Chennai-9. 2.The Director of School Education, DPI Compound, College Road, Chennai-6. 3.The Chairman, Teacher's Recruitment Board, Perasiriyar Anbalagan Kalvi Valagam, College Road, Chennai-6. 4.The Joint Director of School Education (Higher Secondary), DPI Compound, College Road, Chennai-6. 5.The Chief Educational Officer, O/o.The Chief Educational Officer, Dharmapuri – 636 705. ... Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.No.29489 of 2025 Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to sanction salary for the period from 02.01.2013 to 03.12.2013 for 11 months and 3 days, as per orders of the Hon'ble High Court made in W.P.No.3002/ 2013 dated 12.02.2013 and to assign appropriate seniority to the petitioner, as per his Ranking in the Selection list of Teacher Recruitment Board as per provision of the Tamil Nadu Government Servants (Conditions of Service) Act 2016 by considering the representation of the petitioner dated 12.09.2023. For Petitioner : Mr.V.Ravi Kumar For Respondents : Mr.S.Prabhakaran for R1, R2, R4 & R5 Government Advocate Mr.R.Siddharth for R3 Standing Counsel O R D E R Mr.S.Prabhakaran, learned Government Advocate takes notice on behalf of the respondents 1, 2, 4 and 5. Mr.R.Siddharth, learned Standing Counsel takes notice on behalf of the third respondent By consent, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has filed this writ petition seeking issuance of 2/6 https://www.mhc.tn.gov.in/judis W.P.No.29489 of 2025 Writ of Mandamus directing the respondents to sanction salary for the period from 02.01.2013 to 03.12.2013 for 11 months and 3 days, as per orders of this Court made in W.P.No.3002 of 2013 dated 12.02.2013 and to assign appropriate seniority to the petitioner, as per his Ranking in the Selection List of Teacher Recruitment Board as per provision of the Tamil Nadu Government Servants (Conditions of Service) Act 2016 by considering the representation of the petitioner dated 12.09.2023. 3.The learned counsel appearing for the petitioner would submit that the petitioner was appointed as P.G.Assistant (English) on 02.01.2013, however, on 24.01.2013, his order of appointment was cancelled, against which, the petitioner preferred W.P.No.3002 of 2013 and this Court directed the respondents to reinstate the petitioner with immediate effect. The said order was confirmed by the Hon'ble Division Bench in W.A.No.200 of 2014 vide order dated 21.02.2014. It is the specific submission of the petitioner that though this Court has directed the respondents to reinstate the petitioner vide order dated 12.02.2013, the respondents passed the order after a period of 11 months and for the said 11 months, the respondents did not pay salary and the respondents did not regularise those 11 months period. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.29489 of 2025 In this connection, the petitioner sent representation on 12.09.2023 and such representation is pending with the respondents. 4.At this juncture, the learned Government Advocate would submit that the respondents would consider the petitioner's representation according to its own merits and in accordance with law, within a reasonable time. 5.In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the above representation of the petitioner upon its own merits and in accordance with law and pass orders, within a period of eight weeks from the date of receipt of a copy of this order. 6.The writ petition is disposed of. No costs. 07.08.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 4/6 https://www.mhc.tn.gov.in/judis W.P.No.29489 of 2025 To 1.The Principal Secretary to Government, School Education Department, Fort St.George, Chennai-9. 2.The Director of School Education, DPI Compound, College Road, Chennai-6. 3.The Chairman, Teacher's Recruitment Board, Perasiriyar Anbalagan Kalvi Valagam, College Road, Chennai-6. 4.The Joint Director of School Education (Higher Secondary), DPI Compound, College Road, Chennai-6. 5.The Chief Educational Officer, O/o.The Chief Educational Officer, Dharmapuri – 636 705. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.29489 of 2025 C.KUMARAPPAN,J. pri W.P.No.29489 of 2025 07.08.2025 6/6 https://www.mhc.tn.gov.in/judis