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Madras High CourtWP/3329/2020disposed of

Amjed Basha, v. Director Of School Education,

2020-02-12Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.3329 of 2020 and WMP No.3857 of 2020 M.Amjed Basha ... Petitioner -Vs1.The Director of School Education, Chennai 600 006.

2. Director of Elementary Education, Chennai 600 006.

3. District Educational Officer, Ranipettai Ranipettai District.

4. Block Educational Officer, Arcot Range, Mupanduvetti, Ranipettai District.

5. General secretary, Melvisharam Musilm Educational Society, Melvisharam, Ranipettai District - 632 509.

6. Headmaster, F.M.Aided Primary School, Melvisharam, Ranipettai District 632 509 ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents to approve the petitioners appointment from the date of appointment as Urdu Secondary Grade Assistant in the School and consequential benefits, by considering the representation made by the petitioner to the 3rd respondent dated 09.01.2020.

For Petitioner : M/s.C.S.Associates For Respondents: Mrs.V.Annalakshmi, Government Advocate for R1 to R4

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to approve the appointment of the petitioner in the post of Secondary Grade Assistant in the 6th respondent school.

2.

The 6th respondent school, which is a lingustic Minority school had selected and appointed the petitioner as Urdu Secondary grade Assistant on 13.07.2018. The petitioner joined service on 16.07.2018 in the vacancy that arose due to the retirement of the Incumbent. The concerned school had also forwarded the papers for approval to the 3rd respondent. The grievance of the petitioner is that the 3rd respondent is keeping the papers pending inspite of several representations made to the 3rd respondent and therefore, the petitioner has been working in the school without salary. Left with no other option, the present writ petition has been filed before this Court. 3.

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 4.

Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 3rd respondent to immediately act upon the proposal that has been forwarded by the 6th respondent school seeking for approval of the appointment of the petitioner in the post of secondary grade assistant and pass appropriate orders, strictly in accordance with law, within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation through the 6th respondent school to the 3rd respondent along with copy of this order.

5.

This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar rka

To

1. The Director of School Education, Chennai 600 006.

2. Director of Elementary Education, Chennai 600 006.

3. District Educational Officer, Ranipettai Ranipettai District.

4. Block Educational Officer, Arcot Range, Mupanduvetti, Ranipettai District.

+1 CC to Govt. Pleader sr 12427.

+1 CC to M/s.C.S. Associates sr 11560.

W.P.No.3329 of 2020 SP(09/03/2020)