Nadar Higher Secondary School v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.06.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.21159 of 2015 and MP.Nos.2 and 3 of 2015 Nadar Higher Secondary School, Rajapalayam, Virudhunagar District, Represented by its Secretary.

..Petitioner vs 1.The Government of Tamil Nadu, Rep. By its Secretary to Govt., 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, Virudhunagar District, Virudhunagar.

4.The District Educational Officer, Srivilliputhur, Virudhunagar District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in relation to para 3 (iii) of the G.O.Ms.No. 115 School Education (D2) Department dated 30.05.2007 and quash the same in so far as the post of watchman is concerned and issue a consequential direction to the respondents to grant teaching grant to the petitioner school for the post of Watchman and to approve the appointment of Mr.G.Ganesan as Night Watchmen in the petitioner's school from the date of appointment i.e. 01.02.2010 with all service and monetary benefits.

For Petitioner : Mr.R.Saseetharan For Respondents : Mr.K.Karthikeyan, Government Advocate

O R D E R

The learned Government Advocate appearing on behalf of the respondents made a submission that in respect of grant of approval to the non teaching staff in School Education Department, the Government issued a common order in G.O.Ms.No.64 School Education Department dated 02.04.2018. In the event of complying with the conditions stipulated in the Government Orders, the writ petitioner is eligible for grant of approval based on the service particulars.

2. Accordingly, the respondents are directed to consider the case of the writ petitioner in the light of the Government Orders passed by the Government in G.O.Ms.No.64 School Education Department dated 02.04.2018 and pass orders within a period of twelve weeks from the date of receipt of a copy of this Order.

3. The learned Government Advocate made a submission that this Court passed an interim order granting salary for the period in which the writ petitioner served. However, after filing contempt application, the salary due to the writ petitioner had already been disbursed to him.

4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The Secretary to the Government, The Government of Tamil Nadu, 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, Virudhunagar District, Virudhunagar.

4.The District Educational Officer, Srivilliputhur, Virudhunagar District.

+1cc to Mr.R.Saseetharan, Advocate sr.no.37151 W.P.No.21159 of 2015 nr 20/06/2018