Krishnanand S/O. Ramnath, v. The Director Of School
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.28680 of 2015 and M.P.No.1 of 2015 Krishnanand ... Petitioner - Vs - 1.The Director of School Education, DPI Campus, College Road, Chennai 600 006.
2.The Chief Educational Officer, Panagal Building, Saidapet, Chennai 600 015.
3.The District Educational Officer, Chennai (East), Chennai 600 094.
4.The Secretary, Shree Jethamal Tikamchand Chajed Jain Mission Higher Secondary School, No.1, Narayana Mudali Street, Sowcarpet, Chennai 600 001.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 to 3 to approve the appointment of the petitioner in the post of Language Pandit (Hindi) in the 4th respondent School from the date of initial appointment on 01.08.2011 with all consequential and other attendant benefits including arrears of salary with interest, within a time frame to be fixed by this court.
Petitioner : Mr.G.Sankaran For Respondents : Mr.N.Srinivasan, AGP 1 to 3 R4 : No appearance
ORDER
By consent, the writ petition itself is taken up for final disposal.
2. The petitioner would state that he is qualified with B.A., (Hindi) and B.Ed., and eligible for appointment to the post of Language Pandit (Hindi). According to him, the 4th respondent school is an aided minority school and receiving grant-in-aid from the State Government.
3. It is the further case of the petitioner that in the said school, a vacancy to the post of Language Pandit (Hindi) arose due to retirement of incumbent Sri.Hariram and in the resultant vacancy, he was selected and appointed by the Management of the 4th respondent school on 01.08.2011 and a proposal seeking approval of his appointment was forwarded to the 3rd respondent enclosing all the requisite documents and certificates.
4. The grievance of the petitioner is that though he has been appointed as early as on 01.08.2011 and a proposal has also been forwarded as early as on 23.12.2011 seeking approval of his appointment, the same has not so far been processed by the 3rd respondent on the pretext that he has to pass Teachers Eligibility Test [TET] in terms of G.O.Ms.No.181, School Education Department , dated 15.11.2011.
6. Mr.G.Sankaran, the learned counsel appearing for the petitioner would submit that the petitioner has submitted a representation on 29.05.2015 to the 1st respondent, who, in turn, directed the 3rd respondent to look into the issue and act accordingly and in spite of that no progress is taken place so far and, therefore, the petitioner is constrained to file this writ petition.
7. This Court heard the submissions of Mr.N.Srinivasan, the learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3, as well .
8. In the light of the above facts and circumstances of the case, this court, without going into merits of the claim made by the petitioner, directs the 3rd respondent to act on the letter of the 2nd respondent in Na.Ka.No.3325/B3/2015 dated 16.06.2015 and pass appropriate orders with regard to the proposal forwarded by the 4th respondent seeking approval of appointment of the petitioner as Language Pandit (Hindi) within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the 4th respondent.
9. The writ petition is disposed of with the above directions. Consequently, connected MP is closed. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar kmk To 1.The Director of School Education,DPI Campus, College Road,Chennai-6. 2.The Chief Educational Officer,Panagal Building,Saidapet, Chennai 600 015.
3.The District Educational Officer,Chennai (East),Chennai 600 094. +1 cc to M/s.G.Sankanran, Advocate, sr.50074 +1 cc to The Government Pleader, sr.49990 W.P.No.28680 of 2015 mp co kra 07/10