Christian High School v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.03.2015
CORAM:
THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN W.P.No.1165 of 2015 and M.P.No.1 of 2015 Christian High School, No.188, Perambur Barracks Road, Pattalam, Chennai - 600 012.
Rep. by its Correspondent/Headmistress, G.R.Elizabeth Jebakumari
...Petitioner
Vs.
1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009. 2.The Director of School Education DPI Campus, College Road Chennai 600 006.
3.The Chief Educational Officer Panagal Building, Saidapet, Chennai - 600 015.
4.The District Educational Officer, Chennai North, Egmore, Chennai -8.
...Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to approve the appointment of Thiru.R.Ramesh Krishnan in the post of Junior Assistant in the petitioner school with effect from 01.08.2014 and to make the payment of salary and other service benefits from the date of appointment along with interest and other consequential and attendant benefits.
For Petitioner : Mr.G.Sankaran For Respondents: Mr.M.S.Ramesh Additional Govt.Pleader
O R D E R
The petitioner appointed Thiru.R.Ramesh Krishnan as Junior Assistant on 01.08.2014. The appointment was made against a sanctioned post. The petitioner submitted proposal to the second
respondent for approval of appointment. The third respondent returned the proposal with remarks. The petitioner now seeks a direction to the respondents to consider the proposal and issue orders of approval.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader on behalf of the respondents.
3. The petitioner is placing reliance on a judgment of this Court dated 4 August 2008 in W.A.(MD)No.456 of 2008 and the subsequent orders dated 18.09.2008 in W.P.No.22816 of 2008 and 28.06.2012 in W.P.No.12045 of 2012 in support of its contention that under identical circumstances, this Court directed approval of appointment made against sanctioned post.
4. The petitioner is permitted to re-submit the proposal to the second respondent through proper channel, in case the same has not been re-presented so far.
5. The first respondent is directed to consider and dispose of the proposal on merits and in the light of the orders cited supra. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
6. The Writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar Dated:26.3.15 True Copy Sub Assistant Registrar To 1.The Principal Secretary to Government, The State of Tamil Nadu, School Education Department, Secretariat, Fort St.George, Chennai - 600 009. 2.The Director of School Education DPI Campus, College Road Chennai 600 006.
3.The Chief Educational Officer Panagal Building, Saidapet, Chennai - 600 015.
4.The District Educational Officer, Chennai North, Egmore, Chennai -8.
+1 cc to Mr.G.Sankar, Advocate,SR.14960 +1 cc to Government Pleader,SR.14788.
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