N.Saran v. The Director Of School Education,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P No.9210 of 2024 N.Saran
...Petitioner
-Vs1.The Director of School Education DPI Campus, College Road Chennai-600 006.
2.The Chief Educational Officer Tiruppur District Tiruppur 3.The District Educational Officer (Secondary) Tiruppur Education District Tiruppur District.
4.The Secretary S.L.N. Memorial Higher Secondary School Karadivavi-641 658 Palladam Taluk Tiruppur District.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to pass orders granting approval of appointment of the petitioner in the
post of Office Assistant from the date of appointment on 21.08.2023 based on the proposal submitted by the 4th respondent school dated 21.08.2023 with all consequential and other attendant benefits, including payment of arrears of salary from the date of appointment, within a time frame to be fixed by this Court.
For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mrs.S.Mythreye Chandru for R1 to R3 Special Government Pleader
ORDER
This Writ Petition has been filed for a direction directing the respondents to pass orders on the proposal sent by the fourth respondent for approval of appointment of the petitioner in the post of Office Assistant with effect from 21.08.2023.
2. Heard Mr.S.Nedunchezhiyan, learned counsel appearing for the petitioner, Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.
3. The fourth respondent School is a Government aided School governed by the provisions of Tamil Nadu Recognized Private Schools (Regulations) Act and Rules. While being so, a vacancy arose to the post of Office Assistant due to retirement of incumbent one P.Chinnasamy on 31.07.2022. In order to fill up the said vacancy, being
the sanctioned post as per staff fixation order issued by the second respondent, the petitioner was appointed as Office Assistant in the fourth respondent School on 21.08.2023. Thereafter, the fourth respondent School sent a proposal dated 21.08.2023, through the third respondent, seeking approval for the appointment of the petitioner as Office Assistant from 21.08.2023. So far, no order has been passed on the proposal sent by the fourth respondent. Hence, this writ petition.
4. Considering the facts and circumstances of the case, the second respondent is directed to pass appropriate orders on the proposal sent by the fourth respondent School for approval of appointment of the petitioner to the post of Office Assistant with effect from 21.08.2023 within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.
28.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp G.K.ILANTHIRAIYAN. J,
Lpp To 1.The Director of School Education DPI Campus, College Road Chennai-600 006.
2.The Chief Educational Officer Tiruppur District Tiruppur 3.The District Educational Officer (Secondary) Tiruppur Education District Tiruppur District.
and W.M.P.No.9210 of 2024 28.03.2024