Thiru.K.Kuppusamy Memorial v. The Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.4071 of 2014 K.Kuppusamy Memorial High School Rep. by the Secretary, K.Senthilkmaran ... Petitioner Vs.

1 The Director of School Education, College Road, Chennai - 6.

2 The District Educational Officer, Tiruvannamalai District.

... Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records made in the impugned orderr in A.The.Mu.3057, dated 12.9.2012 on the file of the second respondent and quash the same and further direct the respondents to approve the appointment of Mr.Rama Senthilkumaran as Watchman in the petitioner school w.e.f. 16.5.2012 with all attendant benefits in the light of the order passed in W.A.(MD) No.928 of 2010.

For Petitioner : Mr.R.D.Ashok Kumar for Mr.S.N.Ravichandran For Respondents 1 & 2 : Mr.K.Karthikeyan, G.A.

O R D E R

Learned counsel for the petitioner produced a copy of the G.O.Ms.No.64, issued by the School Education department, dated 3.4.2018 wherein the Government has issued direction to the authorities concern, to approve the non teaching staff who are appointed in the sanctioned posts without getting prior approval. Therefore, the learned counsel for the petitioner seeks appropriate direction to the respondents in the light of https://hcservices.ecourts.gov.in/hcservices/

the aforesaid G.O.

2. The learned Government Advocate appearing for the respondents also submitted that if the proposal is re-submitted, the respondent department will consider the same, if otherwise eligible, in the light of the G.O. issued by the Government. 3 Considering the facts and circumstances of the case, this Court is inclined to pass the following order: (i) Petitioner is permitted to re-submit the proposal to the second respondent within a period of two weeks from the date of receipt of a copy of this order.

(ii) On receipt of such proposal, the second respondent is directed to consider the said proposal in the light of G.O.Ms.No.64, issued by the School Education department, dated 3.4.2018 and approve the appointment made by the petitioner school if otherwise eligible as per rules, as expeditiously as possible preferably within a period of 12 weeks from the date of receipt of a copy of this order.

In fine, the writ petition is disposed of with the above directions. No Costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar vaan To 1 The Director of School Education, College Road, Chennai - 6.

2 The District Educational Officer, Tiruvannamalai District.

+1cc to Mr.S.N.Ravichandran, Advocate, S.R.No. 24597 +1cc to the Government Pleader, S.R.No. 25150 W.P.No.4071 of 2014 AK(CO) GN(03/05/2019) https://hcservices.ecourts.gov.in/hcservices/