P.Natparasan v. The Director Of School Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2024 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Natparasan ..
Petitioner Vs.
1. The Director of School Education, DPI Campus, College Road, Chennai 600 006.
2. The Chief Educational Officer, Maiyladuthurai District, Maiyladuthurai.
3. The District Educational Officer, Maiyladuthurai Education District, Maiyladuthural.
A The Secretary, Muthusamy Viswanathan High School, Mathiravelur, Sirkazhi Taluk, Maiyladuthurai District.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a WRIT OF MANDAMUS, to direct the Respondents 2 and 3 to pass orders for granting approval of appointment of the petitioner in the sanctioned post of Night Watchman in the 4th respondent School from the date of appointment with effect from 03.08.2021 made in pursuant to the permission granted by the Department, in consideration of proposal submitted by the 4th respondent school in Letter No.030/2021/Mu. V.2/2021 dated August 2021, 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 Hon'ble Court and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case For the Petitioner : Mr.S.NBedunchezhiyan For Respondents : Mr.M.Rajendran, AGP
ORDER
This Writ Petition is filed for a Mandamus to direct Respondents 2 and 3 to pass orders granting approval of the appointment of the petitioner in the sanctioned post of Night Watchman in the 4th respondent's school
from the date of appointment, i.e., with effect from 03.08.2021, which appointment was made pursuant to the permission granted by the Department, vide Letter No.030/2021/Mu. V.2/2021 dated August 2021, with all consequential and other attendant benefits.
2. On 08.04.2024, this Court adjourned the matter at the request of the learned Additional Government Pleader for the respondents to get instructions in the matter.
3. When the matter came up today, the learned Additional Government Pleader, on instructions, submitted that the proposal, which was sent vide Letter No.030/2021/Mu. V.2/2021 dated August 2021, is still pending, and the same will be considered on merit, and orders will be passed within such time frame as may be directed by this Court.
4. The learned counsel for the petitioner submits that in the instant case, the post is a sanctioned post, and it was filled up only after obtaining
the permission of the department.
5. In view thereof, this Writ Petition is disposed of on the following terms:
(i) The respondents are directed to consider the proposal vide Letter No.030/2021/Mu. V.2/2021 dated August 2021 within a period of 12 weeks from the date of receipt of a copy of this order.
(ii) No costs.
05.06.2024 Index : Yes : Yes Speaking jrs
To
1. The Director of School Education, DPI Campus, College Road, Chennai 600 006.
2. The Chief Educational Officer, Maiyladuthurai District, Maiyladuthurai.
3. The District Educational Officer, Maiyladuthurai Education District, Maiyladuthural.
A The Secretary, Muthusamy Viswanathan High School, Mathiravelur, Sirkazhi Taluk, Maiyladuthurai District.
D.BHARATHA CHAKRAVARTHY , J.
jrs 05.06.2024