S.P.S.Bhuvanasundar, v. The Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.38476 of 2015 S.P.S.Bhuvanasundar ..

Petitioner Vs.

1 The Director of School Education, DPI Campus, College Road, Chennai- 06.

2 The Chief Educational Officer, Virudhunagar.

3 The District Educational Officer, Srivilliputhur, Virudhunagar District-626 125.

4 The Secretary, Thiyagarasa Higher Secondary School, Srivilliputhur, Virudhunagar District- 626 125 .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to approve the appointment of the petitioner in the post of Watchman with effect from initial date of appointment i.e., on 18.09.2015 based on the proposal submitted by the 4th respondent on 22.09.2015, in the light of the orders passed in Writ Appeal No.258 of 2009 etc., batch, dated 12.07.2010 and Writ Appeal Nos.727 to 729 of 2011 dated 11.11.2011. For Petitioner : Mr.K.H.Ravikumar

O R D E R

This petition has been filed to direct the respondents to approve the appointment of the petitioner in the post of Watchman with effect from initial date of appointment i.e., on 18.09.2015 based on the proposals submitted by the 4th respondent on 22.09.2015.

2.According to the petitioner, he was appointed as a Watchman, in the retirement vacancy of one U.Sankaranarayanan, who worked in the 4th respondent Government Aided School. He joined in the service on 18.09.2015, itself. The petitioner would state that the 4th respondent has sent the proposals for approval of his appointment to the 3rd respondent, along with the relevant documents, on 22.09.2015. Since the appointment of the petitioner is not approved he is paid only a consolidated amount and he is not receiving the regular salary and other benefits and therefore, he made representations to the respondents on 12.10.2015 and 09.11.2015 to approve his appointment in the post of Watchman, but, they have not passed any orders so far. 3.Heard the submission of Mr.K.H.Ravikumar, learned counsel appearing for the petitioner.

4.This Court, in the light of the facts and circumstances, directs the 3rd respondent to take into consideration the proposals sent by the 4th respondent, dated 22.09.2015 and pass orders on the representation of the petitioner dated 12.10.2015, on merits and in accordance with law, in the light of the orders passed in Writ Appeal No.258 of 2009 etc., batch, dated 12.07.2010 and Writ Appeal Nos.727 to 729 of 2011 dated 11.11.2011, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

Accordingly, the Writ Petition is disposed of. No costs. Sd/ ASSISTANT REGISTRAR(CS-III) /TRUE COPY/ SUB-ASSISTANT REGISTRAR mps

To 1 The Director of School Education, DPI Campus, College Road, Chennai- 06.

2 The Chief Educational Officer, Virudhunagar.

3 The District Educational Officer, Srivilliputhur, Virudhunagar District-626 125.

4 The Secretary, Thiyagarasa Higher Secondary School, Srivilliputhur, Virudhunagar District- 626 125 +1 CC to MR.K.H.Ravikumar Advocate. SR.NO. 65470 +1 CC to Govt.Pleader. SR.NO.65467 W.P.No.38476 of 2015 CO-CTK JD 28/12/2015