← Library
Madras High CourtWP/18852/2024disposed of

S.Santhalakshmi, v. The Government Of Tamil Nadu

2024-07-22Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.18852 of 2024 and W.M.P No.20680 of 2024 S.Santhalakshmi ..Petitioner -Vs1.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 Virudhachalam Road

5.The Correspondent RC Aided Elementary School T.Palur Road, Udayarpalayam Taluk ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 to issue orders, approving the appointment of the petitioner, Mrs.S.Santhalakahsmi, working as Secondary Grade Assistant in the 5th respondent R.C. Aided Elementary School, T.Palur Road, Udayarpalayam Taluk, Jayankondam-621 802, Ariyalur District, w.e.f 01.09.2023, and release salary with all service and monetary benefits.

For Petitioner : M/s.A.Arul Mary For R1 to R4 : Mr.P.Rajeswari Government Advocate

ORDER

This Writ Petition has been filed for a direction directing the respondents to approve the appointment of the petitioner to the post of Secondary Grade Assistant in the fifth respondent School with effect from 01.09.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 4 and perused the materials available on record.

3. The petitioner is a minority educational institution governed under Article 30(1) of the Constitution of India. It is an aided school. The petitioner was appointed as Secondary Grade Assistant by an order dated 31.08.2023 by the fifth respondent School with effect from 01.09.2023 in the vacancy arising out of one I.Irudayamary on 31.08.2023. It is a regular sanctioned post with grant-in-aid from the Government. The staff fixation for the fifth respondent School for the Academic years 2022-2023 and 2023-2024 reveals the eligibility for the said post from the records issued by the competent education authorities. Accordingly, the petitioner was appointed. Thereafter, the fifth respondent had sent a proposal for approval of appointment of the petitioner and it is pending without passing any order so far. Hence this writ petition.

4. In view of the above, the second and third respondents are directed to pass appropriate orders on the proposal sent by the fifth respondent for approval of the petitioner's appointment to the post of Secondary Grade Assistant in the fifth respondent School with effect from 01.09.2023 within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 22.07.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The 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 Virudhachalam Road

G.K.ILANTHIRAIYAN. J, Lpp 22.07.2024