J.Rajkumar, v. The Chief Educational Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No. 5421 of 2024 J.Rajkumar ....
Petitioner Vs
1. The Chief Educational Officer, Presidency Girls Higher Secondary School Campus, Egmore, Chennai - 600 008.
2. The District Educational Officer, Chennai West, Saidapet, Chennai - 600 015.
3. The Correspondent, CSI St.Paul's Higher Secondary School, Vepery, Chennai - 600 007.
....
Respondent Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to pass orders granting approval of appointment of the petitioner in the posts of Office Assistant from the date of appointment on 15.10.2018, based on the proposal submitted by the third respondent school dated 15.10.2018 and in accordance with staff fixation order issued by the first respondent in
Na.Ka.No.8968/E4/2018 dated 16.11.2018 for the academic year 2018-2019 with all consequential and other attendant benefits, including payment of arrears of salary from the date of appointment based on the representation submitted by the petitioner dated 29.01.2024 within a time frame to be fixed by this Court. For Petitioner : Mr.S.Nedunchezhiyan For R1 & R2 : Mrs.S.Mythreye Chandru Special Government Pleader
ORDER
This Writ Petition has been filed for a direction directing the respondents to pass order on the proposal sent by the third respondent School for approval of appointment of the petitioner in the post of Office Assistant with effect from 15.10.2018.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner was appointed by the third respondent School in the sanctioned post of Office Assistant on 15.10.2018. The third respondent School is a Religious Minority Aided Institution coming under the Management of CSI Madras Diocese and it is a Government aided School. After the appointment, the third respondent had forwarded the proposal to the second respondent for approval of appointment with effect from 15.10.2018. However,
it is pending on the file of the second respondent. Hence, this writ petition.
4. The learned Special Government Pleader appearing for the respondents 1 and 2 submitted that so far no proposal has been received from the third respondent for approval of the appointment of the petitioner in the post of Office Assistant in the third respondent School with effect from 15.10.2018.
5. In view of the above submission, the third respondent School is directed to submit fresh proposal for approval of appointment of the petitioner in the post of Office Assistant in the third respondent School with effect from 15.10.2018 within a period of two weeks from the date of receipt of a copy of this order. On receipt of such proposal, the second respondent is directed to pass orders on the proposal submitted by the third respondent on merits and in accordance with law within a period of twelve weeks thereafter.
6. With the above direction, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 29.02.2024 Internet: Yes
Index : Yes/No Speaking/Non Speaking order Lpp To
1. The Chief Educational Officer, Presidency Girls Higher Secondary School Campus, Egmore, Chennai - 600 008.
2. The District Educational Officer, Chennai West, Saidapet, Chennai - 600 015.
G.K.ILANTHIRAIYAN. J, Lpp
and W.M.P.No. 5421 of 2024 29.02.2024