Madras High CourtWP/4979/2020disposed of

P.B.Sentin Kumar v. The Government Of Tamil Nadu

2020-02-28Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.4979 of 2020 P.B.Sentin Kumar Petitioner vs.

1. The Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St. George, Chennai - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Nagercoil, Kanyakumari District - 629 001.

4. The District Educational Officer, Thiruvattar and Post Kanyakumari District - 629 177.

5. The Correspondent, Kamaraj Memorial Higher Secondary School, Panthaluvilai, Manjalumoodu Post, Vilavancode Taluk, Kanyakumari District, Pincode 629 151.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 to 4 to approve the appointment of the petitioner as Junior Assistant from 01.06.2018 with salary and other benefits in the 5th respondent School based on the proposal submitted on 27.06.2018 followed by a representation to the 2nd respondent dated 28.12.2019 submitted by the 5th respondent forthwith.

For Petitioner :

Mr.P.Ebenezer Paul For Respondents:

Mr.A.Rajaperumal Additional Government Pleader for R1 to R4

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents 2 to 4 to approve the appointment of the petitioner in the post of Junior Assistant from 01.06.2018 along with all consequential reliefs and other attendant benefits.

2.The case of the petitioner is that he joined as a Junior Assistant in the 5th respondent School on 01.06.2018. The 5th respondent school is a linguistic minority school. According to the petitioner, the post concerned is a sanctioned post. The 5th respondent has also forwarded the proposal seeking for approval of the appointment of the petitioner. The grievance of the petitioner is that the respondents 2 to 4 have not taken any action till date and therefore, the present writ petition has been filed before this Court seeking for appropriate directions. 3.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 4.

Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to respondents 2 to 4 to immediately act upon the proposal that has been forwarded by the 5th respondent school and the representation made by the petitioner on 27.06.2018 & 28.12.2019 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 to the respondents 2 to 4 along with a copy of the representations dated 27.06.2018 & 28.12.2019 and a copy of this order.

5.This writ petition is disposed of with the above directions. No Costs.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar ssr

1. The Secretary, School Education Department, Fort St. George, Chennai - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Nagercoil, Kanyakumari District - 629 001.

4. The District Educational Officer, Thiruvattar and Post Kanyakumari District - 629 177. +1cc to Government Pleader sr 18274 W.P No.4979 of 2020 SVI(CO) GS(20/05/2020)