M.Rajapushpam v. The Commissioner Of School Education
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.2213 of 2022 M.Rajapushpam St. Anne's Girls Higher Secondary School, Krishnagiri - 635 001, Krishnagiri District.
...Petitioner
-Vs1. The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.
2. The Chief Educational Officer, Office of the Chief Educational Officer, Government Boy's Higher Secondary School Ground, Krishnagiri - 635 001.
3. The District Educational Officer, Office of the District Educational Officer, Krishnagiri - 635 001, Krishnagiri District.
4. The Correspondent, St. Anne's Girls Higher Secondary School, Krishnagiri - 635 001, Krishnagiri District.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to accord approval to the appointment of the petitioner M.Rajapushpam, as B.T. Assistant (English) in the fourth respondent St. Anne's Girls Higher Secondary School, Krishnagiri - 635 001, Krishnagiri District, w.e.f., 03.06.2019, with all service and monetary benefits. For Petitioner : Dr.Father Xavier Arul Raj, Senior Counsel For M/s.Father Xavier Associates For Respondents For R1 to R3 : Mr.S.Silambanan Additional Advocate General Assisted by Mr.K.H.Ravikumar Government Advocate.
ORDER
The writ petition has been filed for direction directing the respondents 1 to 3 to accord approval to the appointment of the petitioner as B.T. Assistant in the fourth respondent school, with effect from 03.06.2019.
2.
Heard the learned counsel appearing on either side and perused the material placed before this Court.
3.
The petitioner was appointed as B.T. Assistant (English) in the fourth respondent school on 03.06.2019 in the vacancy arising out of promotion of one Helen Mary as Headmistress on 01.11.2018. The said promotion was approved by the second respondent by his proceedings dated 19.03.2019. The said post is a regular sanctioned post, with grantin-aid from the government. The fourth respondent school is sanctioned with 23 teaching and 4 non-teaching staff. There are around 30 teachers are working as management staff. Among the 23 sanctioned teaching post, there are 14 B.T. Assistants, 3 Tamil Pandits, 2 Secondary Grade Assistants, one Physical Education Trainer, one Special Teacher and one Music Teacher.
4.
From the sanctioned post, the said Helan Mary was promoted as Headmistress on 01.11.2018 and the same was approved by the third respondent by his communication dated 19.03.2019. Accordingly, a proposal was sent for approval to the appointment of the petitioner in the fourth respondent school on 27.03.2019. However, it is pending with the third respondent without passing any order so far.
5.
Considering the above facts and circumstances, the third respondent is directed to pass orders on the proposal sent by the fourth respondent school for the approval to the appointment of the petitioner as B.T. Assistant (English), within a period of eight weeks from the date of receipt of a copy of this Order.
6.
With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs.
12.01.2024 (2/2) Internet: Yes Index : Yes/No Speaking/Non Speaking order rts
To
1. The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.
2. The Chief Educational Officer, Office of the Chief Educational Officer, Government Boy's Higher Secondary School Ground, Krishnagiri - 635 001.
3. The District Educational Officer, Office of the District Educational Officer, Krishnagiri - 635 001, Krishnagiri District.
4. The Correspondent, St. Anne's Girls Higher Secondary School, Krishnagiri - 635 001, Krishnagiri District.
G.K.ILANTHIRAIYAN. J, rts and W.M.P.No.2213 of 2022 12.01.2024 (2/2)