The grievance of the petitioner is that her claim for promotion to the post of Superintendent has not been considered by the authorities and therefore, the writ petition has been filed.
2. A counter has been filed by the respondent giving the reason for non consideration of her claim at the relevant point of time. In paragraphs 19 and 20 of the counter, it is stated as follows:-
" I respectfully submit that the petitioner's name was found otherwise eligible for inclusion in the 15.3.2005 panel. But her name in the above said panel was not included in view of the reasons that the Government was addressed in the respondent's letter Rc.No.132548/CII/C5/02, dated 22.12.2005 for necessary relaxation on her behalf for not having undergone the necessary foundational training at Bhavani Sagar during her tenure as Assistant and further she has completed 53 years of age and on this count also she could be made eligible for relaxation.
I respectfully submit that on receipt of necessary Government Order in this regard, her name will be duly considered on par with her juniors in the 15.3.2005 panel itself and necessary orders of promotion will be awarded as when the vacancy arises against her turn."
3. The learned Government Advocate states that her case can be considered now and that has been stated in paragraph 20 of the counter.
4. The specific statement of the respondent is that the case of the petitioner will be considered along with others as above. The only impediment in the case is that the Government has not passed any order relaxing the condition. Hence, the case of the petitioner could not considered.
5. In such circumstances, the Government is directed to consider the case of the petitioner for relaxation of the condition as above. Such order should be passed on its own merits within a period of four weeks from the date of receipt of a copy of this Order. Subject to the out come of the order of the Government, the first respondent shall consider the case of the petitioner for promotion in accordance with law. This writ petition is disposed of accordingly. Consequently, WP.M.P.No. 33954 of 2005 is closed. No costs.
03.8.2009 ra Index: No Internet: Yes To The Joint Director of School Education(Personnel), College Road, Chennai.6.
R. SUDHAKAR,J., WP No. 30970/2005 Date: 03.8.2009