Sr.I.Fathima v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P. No. 20769 of 2024 Sr. I.Fathima ... Petitioner Vs

1. The Government of Tamil Nadu, Represented by its Principal Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

2. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

3. The District Elementary Educational Officer, Office of the District Elementary Educational Officer, Ariyalur, Ariyalur District - 621 704.

4. The Block Educational Officer, The Office of the Block Educational Officer, Virudhachallem Road, 1/6

5. The Correspondent, RC Aided Elementary School, T.Palur Road, Udayarpalayam Taluk, ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first to fourth respondents to issue orders approving the appointment of the petitioner, Sr. I.Fathima, working as Secondary Grade Assistant in the fifth respondent R.C. Aided Elementary School, T.Palur Road, Udayarpalayam Taluk, Jayankondam - 621 802, Ariyalur District, w.e.f. 02.12.2019, and release salary, with all service and monetary benefits. For Petitioner : M/s. A.Arul Mary For Respondent : Mrs. S.Mythreye Chandru, Special Government Pleader (for R1 to R4)

O R D E R

The Writ Petition has been filed for directing the first to fourth respondents to approve the appointment of the petitioner as Secondary Grade Assistant in the fifth respondent/School, with effect from 02.12.2019. 2/6

2. The fifth respondent/School is a minority educational institution, governed under Article 30(1) of the Constitution of India. The petitioner was appointed as Secondary Grade Assistant by order dated 01.12.2019 in the fifth respondent/School with effect from 02.12.2019, to fill the vacancy arising out of the retirement of one R.Charli on 31.05.2019. The said post is a regular sanctioned post, with Grant-in-Aid from the Government. After the petitioner's appointment, the fifth respondent sent a proposal for approval of her appointment, which has not been considered yet and is still pending with the third respondent.

3. The learned Special Government Pleader appearing for the first to fourth respondents submitted that the fifth respondent/School had failed to annex the staff strength particulars for fixation of the year 2019-2020.

4. In view of the above submission, the fifth respondent/School is directed to furnish all the required documents to the third respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the third respondent is directed to consider the proposal 3/6

for approval of the petitioner's appointment, with effect from the date of appointment, on merits and in accordance with law, within a period of eight weeks thereafter.

5. With the above directions, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 16.07.2024 Index:Yes/No kv To

1. The Principal Secretary, The Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai - 600 009.

2. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

3. The District Elementary Educational Officer, Office of the District Elementary Educational Officer, Ariyalur, Ariyalur District - 621 704.

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4. The Block Educational Officer, The Office of the Block Educational Officer, Virudhachallem Road,

5. The Correspondent, RC Aided Elementary School, T.Palur Road, Udayarpalayam Taluk, 5/6

G.K.ILANTHIRAIYAN, J.

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