I.Alangara Ruby v. The Director Of School Education,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.3802 of 2021 I. Alangara Ruby ... Petitioner vs.
1. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
2. The Chief Educational Officer, The Nilgiris District, The Nilgiris.
3. The District Educational Officer, Coonoor Educational District, The Nilgiris District.
4. The Correspondent, St.Ann's Girls Higher Secondary School, Aruvankadu - 643 202, Coonoor, The Nilgiris District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 2nd respondent to pass appropriate orders for granting approval of appointment of Petitioner in the post of P.G.Assistant (Maths) in the 4th respondent school from the date of appointment on 01.06.2018, by calling for proposal from the 4th respondent school, in consideration of representation submitted by the petitioner dated 07.01.2021, with all consequential and other attendant benefits including payment of arrears of salary, within a time frame to be fixed by this Court. For Petitioner : Mr.J.Jayamalan For Respondents: Mr.V.Manoharan Additional Government Pleader
(for R1 to R3) : Mr.Father Xavier Arul Raj Senior Counsel for Ms.A.Arul Marry (for R4)
O R D E R
This writ petition has been filed seeking to issue a Writ of Mandamus, directing the 2nd respondent to pass appropriate orders for granting approval of appointment of petitioner in the post of P.G.Assistant (Maths) in the 4th respondent school from the date of appointment on 01.06.2018, by calling for proposal from the 4th respondent school, in consideration of representation submitted by the petitioner dated 07.01.2021, with all consequential and other attendant benefits including payment of arrears of salary, within a time frame to be fixed by this Court.
2. According to the 4th respondent/school, the Chief Educational Officer, The Nilgiris District/the 2nd respondent has granted approval for filling up the post of P.G. Assistant (Mathematics) by the proceedings in Na.Ka.No.0997/A4/2020 dated 02.02.2021.
3. The learned Senior Counsel appearing for the 4th respondent/school would submit that one M.Arasi has been appointed as P.G. Assistnat (Mathematics) by way of transfer by the Chief Educational Officer, The Nilgiris District/the 2nd respondent in his proceedings in Mu.Mu.No.0997/A4/2020 dated 07.02.2022 and a copy of the said proceedings also placed before this Court. Further, she has also drawn salary from the 4th respondent/school with effect from 01.07.2021 onwards. The said order has not been challenged in the present writ petition.
4. In view of the above said proceedings dated 07.02.2022, the prayer sought for by the petitioner in this writ petition has become infructuous.
5. Recording the submissions made by the learned Senior Counsel appearing for the 4th respondent/school, this writ petition is dismissed as infructuous. No costs. Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar
dm To
1. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
2. The Chief Educational Officer, The Nilgiris District, The Nilgiris.
3. The District Educational Officer, Coonoor Educational District, The Nilgiris District.
4. The Correspondent, St.Ann's Girls Higher Secondary School, Aruvankadu - 643 202, Coonoor, The Nilgiris District.
+1cc to Mr.G.Sankaran, Advocate SR.No.23731 +2cc to M/s.Father Xavier Associates, Advocate SR.No.23167 +1cc to the Government Pleader, SR.No.23616 W.P.No.3802 of 2021 AJS(CO) CB(25/04/2022)