Madras High CourtWP/1461/2016disposed of

P.Sheela, v. The District Elementary

2016-01-18Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.1461 of 2016 P.Sheela .. Petitioner Vs.

1.The District Elementary Educational Officer, Cuddalore.

2.The Additional Assistant Elementary Educational Officer, Vridhachalam, Cuddalore District.

3.The Manager, Panneerselvam Aided Elementary School, South Street, Vridhachalam, Cuddalore District.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to approve the appointment of the petitioner by way of promotion as Elementary School Head Master of the third respondent School with effect from 01.06.2015 by considering the proposal submitted by the third respondent Management dated 08.06.2015.

For Petitioner : Mr.T.Sellapandian For Respondents : Mr.L.Mahendran Government Advocate

O R D E R

By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

2.The case of the petitioner is that she was appointed as Secondary Grade Teacher on 01.02.2008 as per the Tamil Nadu Recognized Private Schools [Regulation] Act, 1973 and joined in the third respondent School on the same day. The appointment was also approved by the first respondent by an order dated 28.02.2008. After retirement of Headmistress of the third respondent School, namely, R.Thenmozhi, on 31.05.2015, the third respondent appointed the petitioner as Headmistress by way of https://hcservices.ecourts.gov.in/hcservices/

promotion by an order dated 01.06.2015. Accordingly, she joined the service on 01.06.2015 as Headmistress of the third respondent School. Subsequently, the third respondent Management had sent a proposal through the second respondent to the first respondent for approval on 08.06.2015. Till date, the first respondent has not passed orders and therefore, the petitioner has come up with the present Writ Petition.

3.Heard the submissions of Mr.T.Sellapandian, learned counsel appearing for the petitioner and Mr.L.Mahendran, learned Government Advocate, who accepts notice on behalf of the respondents.

4.Though, the petitioner prayed for a larger relief, this Court, taking into consideration the facts of this case and without going into the merits of the same, directs the first respondent to consider the proposal sent by the third respondent Management dated 08.06.2015 and pass orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

5.The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar sri To 1.The District Elementary Educational Officer, Cuddalore.

2.The Additional Assistant Elementary Educational Officer, Vridhachalam, Cuddalore District.

3.The Manager, Panneerselvam Aided Elementary School, South Street, Vridhachalam, Cuddalore District.

1 cc to Government Pleader, Sr. 2719 1 cc to Mr.T. Sellapandian, Advocate, Sr. 2593 W.P. No.1461 of 2016 PPA (CO) kk 16/2 https://hcservices.ecourts.gov.in/hcservices/