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Madras High CourtWP/17683/2019disposed of

R.Joseph Naveenkumar v. The Director Of School Education

2019-10-03Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.17683 of 2019 R.Joseph Naveenkumar .. Petitioner vs 1.The Director of School Education, D.P.I, Buildings, College Road, Chennai-6.

2.The Chief Educational Officer, Thiruvannamalai District, Thiruvannamalai.

3. The District Educational Officer, Thiruvannamalai District.

4.The Correspondent, Danish Mission Higher Secondary School, Thiruvannamalai 606 601.

(Respondents 2 & 3 for corrections regarding change of District are carried out in the Court on 04.10.2019) .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to approve the appointment of the petitioner as Junior Assistant with effect from 22.11.2017, with all consequential monetary benefits, on the basis of proposal submitted by the 4th respondent school dated 15.02.2018 in the light of the order passed in Deva Asir v. Secretary to Government Education Department, reported in 2016(3) LLJ 49. For Petitioner : Mr.Ravivhandran S.N.

For R1 to R3 : Mrs.P.Kavitha Government Advocate

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to approve the appointment of the petitioner as Junior Assistant with effect from 22.11.2017, with all consequential monetary benefits, on the basis of proposal submitted by the 4th respondent school dated 15.02.2018 in the light of the order passed in Deva Asir v. Secretary to Government Education Department, reported in 2016(3) LLJ 49.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. The case of the petitioner is that the petitioner's School is an Aided Minority Institution. Due to vacancy arose, the petitioner was appointed as Junior Assistant in 2017. The School Management submitted a proposal dated 15.02.2018 to the Educational Authorities for approval of the petitioners' appointment. The first petitioner was appointed as Library Assistant and the second petitioner was appointed as Record Clerk in the sanctioned post by the 4th respondent-School Committee. But till date, the said proposal was not considered by the third respondent. Hence, the present writ petition.

4. Learned counsel appearing for the petitioner would submit that it would suffice, if this Court issues direction to the respondents to consider the School Management proposal and pass appropriate orders within a reasonable time.

5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the respondents to consider the School Management proposal dated 15.02.2018 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. The writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kkd

To 1.The Director of School Education, D.P.I, Buildings, College Road, Chennai-6.

2.The Chief Educational Officer, Thiruvannamalai District, Thiruvannamalai.

3. The District Educational Officer, Thiruvannamalai District.

4.The Correspondent, Danish Mission Higher Secondary School, Thiruvannamalai 606 601.

+1cc to Mr.S.N.Ravichandran, Advocate SR.84776 +1cc to the Government Pleader SR.85084 W.P.No.17683 of 2019 MR(CO) CB(28/11/2019)