The Director Of School Education v. P.Manikandan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2020 CORAM :
THE HON'BLE MR.AMRESHWAR PRATAP SAHI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.A.No.943 of 2020
1. The Director of School Education, DPI Campus, College Road, Chennai - 600 013.
2. The Chief Educational Officer, Presidency Girls Higher Secondary School Campus, Gangureddy Salai, Egmore, Chennai - 600 008.
3. The District Educational Officer, Chennai East, Model Higher Secondary School Campus, Avvai Shanmugi Salai, Chennai - 600 005.
...
Appellants Vs.
1.P.Manikandan
2. The Secretary, Vallal Ettiyappa Naicker Higher Secondary School, No.164, S.N.Chetty Street, Royapuram, Chennai - 600 013.
...
Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 20.9.2019 made in W.P.No.27911 of 2019. W.P.No.27911/2019 Prayer:Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the Respondents 1 to 3 to approve the appointment of
Petitioner in the regular sanctioned post of Junior Assistant in the 4th Respondent School from the date of appointment on 02.04. 2018 and to make the payment of salary with interest and other service benefits without reference to G.O.Ms.No. 238 School Education Department dated 13.11.2018 issued subsequently within a time frame.
For Appellants : Mr.C.Munusamy Spl. Government Pleader For Respondents : Mr.G.Sankaran for respondent No.1
JUDGMENT
(Delivered by The Hon'ble Chief Justice) The only grievance of the appellants is that the learned Single Judge has straightaway issued a direction to approve the appointment of the first respondent petitioner. We do not find this to be a direction, which is to approve the appointment only in accordance with law by passing an appropriate order on merits.
2. The impugned order of the learned Single Judge shall be construed accordingly. The appeal stands disposed of with a direction to the authorities to pass appropriate orders within a period of three weeks from the date of the presentation of a copy of this order. No costs. Consequently, C.M.P.No.11428 of 2020 is closed.
Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar bbr To
1. The Director of School Education, DPI Campus, College Road, Chennai - 600 013.
2. The Chief Educational Officer, Presidency Girls Higher Secondary School Campus,
Gangureddy Salai, Egmore, Chennai - 600 008.
3. The District Educational Officer, Chennai East, Model Higher Secondary School Campus, Avvai Shanmugi Salai, Chennai - 600 005.
W.A.No.943 of 2020 GMR(CO) GS(21/10/2020)