St. Josephs Girls Higher v. State Rep. By Its Principal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2018

CORAM

THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.4825 of 2018 St.Joseph's Girls Higher Secondary School Kumbakkonam District Rep.by it's Correspondent, Sister.A.Elizabeth Rani ... Petitioner Vs

1. State Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Chennai.

2. The Director of School Education D.P.I Campus College Road, Chennai - 600 006.

3. The Chief Educational Officer Thanjavur District, Thanjavur.

4.The District Educational Officer, Kumbakkonam, Thanjavur District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the first and second respondents herein to approve the appointment of Thiru K.Durairaj, S/o. Kaliamoorthy as Waterman with effect from 02.01.2017 and to make the payment of Salary and all other consequential service benefits and monetary benefits, within a time-frame.

For Petitioner : Mr.G.Bala For M/s.G.Bala and Daisy For Respondents : Mr.C.Munusamy Special Government Pleader * * * * *

O R D E R

The relief sought for in this writ petition is to direct the first and second respondents herein to approve the appointment of Thiru K.Durairaj, S/o. Kaliamoorthy as Waterman with effect from 02.01.2017 and to make the payment of Salary and all other consequential service benefits and monetary benefits, within a time-frame.

2.The claim of the writ petitioner is that Mr.K.Durairaj, was appointed in a sanctioned post and in spite of that approval of the appointment was not granted.

3.The grievances of the writ petitioner is that Mr.K.Durairaj, was appointed in accordance with the Rules and procedures in a sanctioned post and therefore, he is entitled for approval of appointment in accordance with the Act and Rules. The proposals were also submitted by the respective Management seeking approval of appointment.

4.When the matter is taken up for hearing, the learned Government Advocate appearing on behalf of the respondents filed the report submitted by the first respondent and paragraphs 3 and 4 of the report are extracted hereunder: "3.It is further submitted that the Government of Tamil Nadu has issued Orders in G.O.Ms.No.64, School Education (SE 6 (1) Department, dated 03.04.2018 lifting the ban for according approval to the appointment in the nonteaching posts in Government aided schools. The first respondent in pursuance of the direction of the Hon'ble High Court made in the above said W.P.No.7077 to 7080 of 2018, dated 03.04.2018 has issued detailed circular in the proceedings Rc.No.33112/D1/S4/2013, dated 04.04.2018 reiterating to strictly follow up the conditions laid down in the above said circular, while giving appointment approval of non-teaching posts by the District Educational Officers in Government aided Schools.

4.The copy of the said G.O.Ms.No.64, School Education (SE 6(1) Department dated 03.04.2018 and the proceedings issued by the first respondent in Rc.No.33112/D1/S4/2013, dated 04.04.2018 and annexed herewith for kind perusal of Hon'ble High Court."

5.On a perusal of the above, it is seen that the Government issued G.O.Ms.No.64, School Education Department dated 03.04.2018 and the Director of School Education issued a

circular on 04.04.2018, setting out the procedure for grant of approval in accordance with the Act and Rules. Clause 7 of the circular categorically enumerated that the competent authorities if violates the procedures, disciplinary proceedings will be initiated against those officials, who are committing any such violations. Thus, it is made clear that the approval of appointment has to be granted by following the Act and Rules.

6.This being the factum of the case, the case of the writ petitioner is to be considered in the light of the Government Order and the circular issued by the Director of School Education and accordingly, the decisions are to be taken and orders are to be issued, within a period of twelve weeks from the date of receipt of a copy of this order.

7.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Principal Secretary to Government School Education Department, Fort St. George, Chennai.

2. The Director of School Education D.P.I Campus College Road, Chennai - 600 006.

3. The Chief Educational Officer Thanjavur District, Thanjavur.

4.The District Educational Officer, Kumbakkonam, Thanjavur District.

+1cc to M/s.G.Bala & Daisy Advocate SR.No.26539 W.P.No.4825 of 2018 SDR 16.05.2018