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Madras High CourtWP/761/2024disposed of

Mrs. M.Arokia Mary, v. The Government Of Tamil Nadu,

2024-01-12Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.780 of 2024 M.Arokia Mary

...Petitioner

-Vs1.The Government of Tamil Nadu, Represented by its Principal Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Office of the Chief Educational Officer, New Collectorate Campus, Finger Post, Ooty, The Nilgiris - 643 006.

4.The District Educational Officer (Secondary), Office of the District Educational Officer, District Collectorate Campus, Finger Post, Ooty, The Nilgiris - 643 006.

5.The Correspondent, St.Mary's Girls' Higher Secondary School, Mount Road, Coonoor, The Nilgiris - 643 102 ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 to issue orders, approving the appointment of the petitioner, Mrs.M.Arokia Mary, working as P.G.Assist (Commerce) in the 5th respondent St.Mary's Girls' Higher Secondary School, Mount Road, Coonoor, The Nilgiris - 643 102 with effect from 01.02.2022 and release salary, with all service and monetary benefits. For Petitioner : Mr.Father Xavier Arul Raj Senior Counsel for M/s.Father Xavier Associates For R1 to R4 : Mr.K.H.Ravi Kumar Government Advocate

ORDER

This Writ Petition has been filed for a direction directing the respondents 1 to 4 to approve the appointment of the petitioner working as P.G.Assistant (Commerce) in the fifth respondent School with effect from 01.02.2022.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was appointed as P.G.Assistant (Commerce) in the fifth respondent School from 28.01.2022 in the vacancy arising out of the voluntary retirement of one Leema Rose Vasanthi on 30.11.2020. It is a regular sanctioned post with grant-in-aid from the Government. Accordingly, the petitioner had joined the said post with effect from 01.02.2022. Thereafter, the fifth respondent had sent a proposal to appoint the petitioner in the post of P.G.Assistant (Commerce) for approval on 06.06.2022 before the fourth respondent. However, the fourth respondent, by a communication dated 03.11.2023, returned the proposal raising certain queries. The fifth respondent re-presented the proposal for approval on 12.12.2023. However, it is pending without any consideration.

4. Considering the facts and circumstances of the case, the third and fourth respondents are directed to consider the proposal sent by the fifth respondent School for approval of the appointment of the petitioner in the post of P.G.Assistant (Commerce), within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 12.01.2024 (3/5) Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Principal Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Office of the Chief Educational Officer, New Collectorate Campus, Finger Post, Ooty, The Nilgiris - 643 006.

4.The District Educational Officer (Secondary), Office of the District Educational Officer, District Collectorate Campus, Finger Post, Ooty, The Nilgiris - 643 006.

G.K.ILANTHIRAIYAN. J, Lpp and W.M.P.No.780 of 2024 12.01.2024 (3/5)