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Madras High CourtWP/22021/2018disposed of

Bapuji Memorial Higher v. The Government Of Tamil Nadu,

2018-08-28Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2018

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.No.22021 of 2018 and M.P.No. 25817 of 2018 Bapuji Memorial Higher Secondary School, Manavalakurichy P.O.

Kanyakumari District., rep by its Secretary Nazerath Charles ... Petitioner

Versus

1.

The Government of Tamil Nadu, Represented by its Secretary, School Education Department, Fort.St. George, Chennai-600 009.

2.

The Director of School Education, College Road, Chennai - 600 006.

3.

The Chief Educational officer, Nagercoil, Kanyakumari, 4.

The District Educational officer, Thucklay and Post, Kanyakumari District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying for issue of a Writ of Mandamus, directing the respondents to consider the appeal preferred by the petitioner dated 10.08.2018 and consequently direct the 3rd respondent to re-fix the staff fixation in so far as the existence of one vocational instructor post in Electrical and Domestic Appliances Repairs and Maintenance is concerned and further direct the respondents to approve the appointment of K.Rajakumar as vocational instructor from 08.06.2017 with salary and other benefits.

For Petitioner : M/s.P.Mahalakshmi For Respondents : M/s.V.Annalakshmi Government Advocate

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to consider the appeal preferred by the petitioner, dated 10.08.2018 and consequently direct the 3rd respondent to re-fix the staff fixation in so far as the existence of one vocational instructor post in Electrical and Domestic Appliances Repairs and Maintenance is concerned and further direct the respondents to approve the appointment of K.Rajakumar as vocational instructor from 08.06.2017 with salary and other benefits.

2. Though the petitioner seeks for a larger prayer, the learned counsel for the petitioner stated that the petitioner would be satisfied, if a direction is issued to the second respondent to consider the appeal preferred by the petitioner, dated 10.08.2018 and pass appropriate orders with in a time stipulated by this court.

3. Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the second respondent to consider the petitioner's appeal / representation dated 10.08.2018 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order, after affording an opportunity of hearing to the petitioner.

4. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar //True copy// Sub Assistant Registrar mpa/pvs To 1.The Government of Tamil Nadu, Represented by its Secretary,

School Education Department, Fort.St. George, Chennai-600 009.

2.The Director of School Education, College Road,Chennai - 600 006.

3.The Chief Educational officer, Nagercoil, Kanyakumari.

4.The District Educational officer, Thucklayand Post, Kanyakumari District.

+1cc to Mr.Mahalakshmi, Advocate SR.No.58572 +1cc to Government Pleader SR.No.59327 W.P.No.22021 of 2018 and M.P.No. 25817 of 2018 GMY(17/09/2018)