The Headmistress And Correspondent v. The Government Of Tamilnadu
WP NO. 10959 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-08-2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP NO. 10959 of 2024 AND WMP NO. 12054 OF 2024 The Headmistress And Correspondent Beschi Higher Secondary School, Ulundurpet 606 107. Kallakurichi District.
Petitioner(s) Vs
1. The Government Of Tamilnadu Rep By Its Principal Secretary, Department Of School Education, Fort St. George, Chennai 600009.
2. The Commissioner Of School Education College Road, Chennai 600006.
3. The Chief Educational Officer Chief Educational Office, Kallakurichi 606202.
4. The District Educational Officer District Educational Office, Ulundurpet 606107. Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to approve forthwith the appointment of Mrs.A.Sahaya Mary as BT Assistant (Tamil) in the petitioner-school with effect from 01.12.2021 and release salary and all attendant benefits with effect from the said date by considering the petitioners proposal dated 28.10.2022.
For Petitioner(s):
Ms.H.Mary Sowmi Rexi For M/s.Isaac Chambers For Respondent(s):
Mr.S.Prabhakaran, Govt.Advocate For R1 To R4
ORDER
The Writ Petition has been filed praying to direct the respondents to approve forthwith the appointment of Mrs.A.Sahaya Mary as BT Assistant (Tamil) in the petitionerSchool with effect from 01.12.2021 and release salary and all attendant benefits with effect from the said date by considering the petitioner's proposal dated 28.10.2022. 2.The learned counsel for the petitioner would submit that they have appointed one Sahaya Mary to the post B.T Assistant (Tamil) in the sanctioned post as the Secondary Grade Teacher, which was converted as per proceedings of the 3rd respondent in Mu.Mu. No.3885/AA5/2022, dated 29.09.2022. She would further submit that the petitioner has sent a proposal dated 28.10.2022 for approval of the above appointment. The said proposal is pending before the 4th respondent.
3. The learned counsel for the petitioner relying upon the Judgment of the Division Bench of the High Court of Madras at Madurai, in W.A. No.1350 of 2017 dated 14.11.2017 reported in 2017 SCC Online Mad 26348, in the case "Government of Tamil Nadu, Department of School Education Vs. J.Remila and another Judgment of this Court in W.P. No.10521 of 2024 dated 27.06.2024 in the case T.John Shibu Manick Vs. The State of Tamil Nadu and others, would submit that the respondents cannot ask for any prior approval for the appointment of one Sahaya mary. Hence, prays to direct the respondents to consider the petitioner's proposal dated 28.10.2022 without asking any prior approval for the appointment of Sahaya Mary. 4.At this juncture, the learned Government Advocate would submit that they would consider the petitioner's proposal in accordance with law.
5. I have given my anxious consideration having heard both sides and perused the materials available on record.
6.In view of the submissions of the learned Government Advocate, this Court directs the 4th respondent to consider the petitioner's proposal dated 28.10.2022 for the appointment of one Sahaya Mary within a period of eight weeks from the date of receipt of copy of this order in accordance with law. However, it is made clear that the 4th respondent is directed to consider the above proposal, without insisting any prior approval for the appointment of Sahaya mary.
7. In the result, the Writ petition is disposed of with the aforesaid observations. No costs. Consequently, connectied miscellaneous petition is closed. 08-08-2025 Index : Yes/No Speaking order /Non Speaking Order Lbm
To:
1. The Government Of Tamilnadu Rep By Its Principal Secretary, Department Of School Education, Fort St. George, Chennai 600009.
2. The Commissioner Of School Education College Road, Chennai 600006.
3. The Chief Educational Officer Chief Educational Office, Kallakurichi 606202.
4. The District Educational Officer District Educational Office, Ulundurpet 606107.
C.KUMARAPPAN, J.
Lbm WP NO. 10959 of 2024 AND WMP NO. 12054 OF 2024 08.08.2025