N.Ezakial v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.39307 of 2015 N.Ezakial ..

PETITIONER Vs 1 The Government of Tamil Nadu Rep by its Secretary to Government Education Department, Fort St. George, Chennai - 600 009.

2 The Director of School Education, College Road, Chennai - 600 006.

3 The District Educational Officer, Thiruvallur, Thiruvallur District.

4 The Correspondent CSI Goudie Higher Secondary School, Thiruvallur, Thiruvallur District.

..

RESPONDENTS Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to approve the appointment of the petitioner as record clerk from the date of appointment i.e. 1.3.2012 with salary and other benefits.

For Petitioner :

Ms.P.Mahalakshmi For Respondents :

Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed for issuance of writ of mandamus directing the 3rd respondent to approve the appointment of the petitioner as record clerk from the date of appointment i.e. 1.3.2012 with salary and other benefits.

3. According to the petitioner, the fourth respondent is a minority school, which is recognised and also getting aid from the Government. The petitioner was appointed as Record Clerk in the Sanctioned post, which arose due to retirement of the staff on 01.03.2012.

4. The petitioner would state that after appointing the petitioner, the fourth respondent submitted a proposal on 12.12.2012 for approval. Thereafter, the third respondent by its proceedings dated 02.01.2013 returned the said proposal for certain clarification, which was also complied with by the fourth respondent on 10.10.2014. Despite the same, the third respondent has not approved the appointment of the petitioner and hence, the present writ petition has been filed.

5. Heard Mr.P.Mahalakshmi, learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, who accepts notice on behalf of the respondents.

6. This Court, considering the submission of the learned counsel for the petitioner and without going into the merits of the same, directs the third respondent to consider the proposals sent by the fourth respondent on 12.12.2012 and take a decision on merits and in accordance with law, 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. With the above direction, this writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

sms -s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To 1 The Government of Tamil Nadu Rep by its Secretary to Government Education Department, Fort St. George, Chennai - 600 009.

2 The Director of School Education, College Road, Chennai - 600 006.

3 The District Educational Officer, Thiruvallur, Thiruvallur District.

4 The Correspondent CSI Goudie Higher Secondary School, Thiruvallur, Thiruvallur District.

+ 1 cc to Government Pleader SR 67633 + 1 cc to Ms.P.Mahalakshmi, Advocate sr no 67258[25/5/16] rv(co) prk18/1 W.P.No.39307 of 2015