Mr.G.Adaikalam, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.03.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.5930 & 5931 of 2018 Mr.G.Adaikalam .. Petitioner in W.P.No.5930 of 2018 Mr.S.Alayam .. Petitioner in W.P.No.5931 of 2018 -vs1. The Government of Tamil Nadu rep.by the Secretary Department of School Education Fort St.George Chennai 600 009
2. The Director of School Education DPI Campus, College Road Chennai 600 006
3. The Chief Educational Officer The office of the Chief Educational Officer Vellore
4. The District Educational Officer The office of the District Educational Officer Vellore
5. The Correspondent C.S.I. St. Andrew's Higher Secondary School Arakkonam Vellore 631 001 .. Respondents in both the writ petitions Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned orders dated 26.02.2016 in A.Di.Mu.No.421/A5/16 and dated 09.12.2014 in O.Mu.No.6022/A5/2014 respectively on the file of the fourth respondent and quash the same, directing the respondents to accord approval to the appointments of the petitioners Mr.G.Adaikalam, working as Office Assistant in C.S.I. St. Andrew's Higher Secondary School, Arakkonam, Vellore 631 001 w.e.f. 28.08.2014; Mr.S.Alayam, working as Gardener in C.S.I. St. Andrew's Higher Secondary School, Arakkonam, Vellore District 631 001 w.e.f. 28.08.2014 respectively, with all
monetary and other service benefits.
For Petitioners:: Dr.Fr.A.Xavier Arul Raj Senior Counsel for M/s Father Xavier Associates For Respondents:: Mrs.P.Rajalakshmi Additional Government Pleader for R1 to 4
ORDER
Learned senior counsel for the petitioners, after some arguments, agreeing that there is a mistake committed while sending the proposals stating wrongly that one of the incumbents has been promoted as Office Assistant from the post of Gardener, although both the posts carry the same scale of pay, instead of stating as fresh appointments in the respective post while seeking approval, sought to withdraw the writ petitions with liberty to rectify the said mistake and then to resubmit the proposals to the fourth respondent seeking approval of the appointments of the petitioners to the posts of Office Assistant and Gardener respectively.
2. Accepting his request, these writ petitions are dismissed as withdrawn with liberty to rectify the mistake and to resubmit the proposals to the fourth respondent seeking approval of the appointments of the petitioners to the posts of Office Assistant and Gardener respectively. Needless to mention that on receipt of such proposals, the fourth respondent shall consider the same and pass appropriate orders within a period of four weeks thereafter. Consequently, W.M.P.Nos.7307 to 7310 of 2018 are also dismissed. No costs.
Sd/- Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar ss To
1. The Secretary to Government Department of School Education Fort St.George Chennai 600 009
2. The Director of School Education DPI Campus, College Road Chennai 600 006
3. The Chief Educational Officer The office of the Chief Educational Officer Vellore
4. The District Educational Officer The office of the District Educational Officer Vellore +1cc to Mr.A.Arul Mary, Advocate SR.No.19999 +1cc to Government Pleader SR.No.20459 W.P.Nos.5930 & 5931 of 2018 PVS(CO) GN(28/03/2018)