E.Prabharan v. The Chief Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 24.03.2025 CORAM :

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN & W.M.P.No.6856 of 2025 E. Prabaharan, Office Assistant, C.S.I. Higher Secondary School, Nagapattinam.

... Petitioner vs.

1) The Chief Educational Officer, O/o the Chief Educational Office, Nagapattinam, Nagapattinam District.

2) The District Educational Officer, O/o the District Educational Office, Nagapattinam, Nagapattinam District.

3) The Correspondent, C.S.I. Higher Secondary School, Nagapattinam.

Nagapattinam.

... Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India, to Writ of Mandamus, to direct the 2nd respondent to approve the petitioner's appointment as Office Assistant w.e.f 27.11.2018 and pay arrears of salary with all consequential monetary benefits arising thereon and by considering the proposal

dated 07.12.2021 sent by the 3rd respondent to the 2nd respondent. For Petitioner : Mr.S.Nambi Arooran, for M/s.Ajmal Associates For Respondents : Mrs.S.Mythreye Chandru, Special Government Pleader, for R1 to R3

O R D E R

The petition has been filed in the nature of a Mandamus seeking a direction to grant approval for the appointment of the petitioner as Office Assistant with effect from 27.11.2018 in the 3rd respondent, C.S.I Higher Secondary School, Nagapattinam. The petitioner also seeks that service and monetary benefits should be granted to him on and from 27.11.2018.

2. In the affidavit filed in support of the writ petition, it had been contended that the 3rd respondent is a Linguistic Minority Institution receiving grant-in-aid from the Government. It had been stated that the post of Office Assistant had been sanctioned and became vacant and after following due process, the petitioner had been appointed on 27.11.2018 and has been discharging his

duties. It had been further stated that the 3rd respondent had sent a proposal to the 2nd respondent on 07.12.2021, seeking approval of the appointment of the petitioner to the post of Office Assistant. This proposal was returned by the 2nd respondent seeking further clarifications. Clarifications were issued, but again the proposal had been returned. It must be kept in mind that the 3rd respondent is a Linguistic Minority Institution.

3. A Mandamus is issued to the 2nd respondent to examine the surrounding circumstances and if the proposal forwarded by the 3rd respondent is otherwise in order, to pass an appropriate order approving the appointment of the petitioner as Office Assistant. The petitioner is entitled for service and monetary benefits on and from 27.11.2018, the date of the initial appointment. The entire exercise may be completed within a period of four weeks from the date of receipt of copy of this order.

4. This writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

24.03.2025 : Yes/No.

bsm To,

1. The Chief Educational Officer, O/o the Chief Educational Office, Nagapattinam, Nagapattinam District.

2. The District Educational Officer, O/o the District Educational Office, Nagapattinam, Nagapattinam District.

3. The Correspondent, C.S.I. Higher Secondary School, Nagapattinam.

Nagapattinam.

4. The Government Pleader, High Court, Madras.

C.V.KARTHIKEYAN , J.

bsm 24.03.2025