Nusrathul Islam Girls Higher v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2019
CORAM:
THE HONOURABLE MR. JUSTICE T. RAJA Writ Petition No.24218 of 2011 Nusrathul Islam Girls Higher Secondary School rep. by its Secretary and Correspondent Mr.M.Muhammad Ihsan, Pernambut, Vellore District.
...
Petitioner Vs
1. The Government of Tamil Nadu rep. by its Secretary, Education Department, Fort St. George, Chennai.
2. The Director of School Education, College Road, Chennai-6.
3. The Chief Educational Officer, Collector Complex, Sathuvachari, Vellore.
4. The District Educational Officer, Eidgah Complex, Railway Station Road, Thirupattur, Vellore District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records made in the impugned order of the 4th respondent in R.C.No.2140/Aa3/2002 dated 15.4.2011 and quash the same and further directing the respondents to approve the appointments of 1. P.Kathijathul Kubra (Physics), 2. J.Mumtaz (Chemistry) and 3. T.Balkees (Biology) as Post Graduate Assistants with all consequential benefits.
For Petitioner : Mr.S.N.Ravichandran For Respondents: Mrs.P.Kavitha, Government Advocate
O R D E R
Questioning the correctness of the impugned order of the 4th respondent in R.C.No.2140/Aa3/2002 dated 15.4.2011, refusing to approve the appointment of 1. P.Kathijathul Kubra (Physics), 2.J.Mumtaz (Chemistry) and 3. T.Balkees (Biology) as Post Graduate Assistants made by petitioner school, the present Writ Petition has been filed.
2. When the matter is called today, the learned Counsel on either side jointly submitted that this Court has granted an order of interim injunction on 21.10.2011 and by virtue of the interim order, the 4th respondent, namely, the District Educational Officer, Thirupattur, Vellore District, has also granted an order of approval for the appointment of the above mentioned 3 teachers as Post Graduate Assistants in the petitioner school from the date of their appointment in the year 2006, subject to the result of the Writ Petition and has been paying the salary till today and continue to pay the salary till they reach the age of superannuation.
3. In this regard, the learned Government Advocate has also produced a letter addressed to her by the 4th respondent stating that since the 3 Post Graduate Assistants posts are essential for the petitioner school, they have approved the appointments of the aforesaid 3 teachers in the said post including the payment of the salary.
4. Recording the same, the Writ Petition is closed. No costs.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar tsi To
1. The Secretary, Government of Tamil Nadu, Education Department, Fort St. George, Chennai.
2. The Director of School Education, College Road, Chennai-6.
3. The Chief Educational Officer, Collector Complex, Sathuvachari, Vellore.
4. The District Educational Officer, Eidgah Complex, Railway Station Road, Thirupattur, Vellore District.
+1 cc to the Government Pleader sr79301 +1 cc to M/s.S.N.Ravichandran Advocate r78751 W.P.No.24218/2011 ppa(co) aa21/10/2019