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Madras High CourtWP/23381/2021disposed of

P.Amutha v. The Director Of School Education

2021-10-29Honourable Mr Justice C. Saravanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

D A T E D : 29.10.2021 C O R A M The Hon'ble Mr. Justice C.SARAVANAN Writ Petition No.23381 of 2021 and W.M.P. No. 24660 of 2021 (Through Video Conferencing) P.Amutha B.T. Assistant (History) Danish Mission Middle School, Keelaiyur, Tirukoilur, Kallakurichi District. ... Petitioner Vs.

1. The Director of School Education, DPI Campus, College Road, Chennai-600 006.

2. The District Educational Officer, Tirukovilur Education District, Tirukovilur,Kallakurichi District - 605 757.

3. The Block Educational Officer, Tirukovilur, Kallakurichi District - 605 757.

4. The Correspondent, Danish Mission Middle School, Keelaiyur,Tirukovilur, Kallakurichi District-605757. ... Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pass orders for granting approval of appointment of Petitioner in the post of B.T. Assistant (History) in the 4th respondent School from the date of appointment on 01.03.2019, based on the proposal submitted by the 4th respondent school dated 29.09.2019 and resubmitted on 22.03.2021 with all consequential and other attendant benefits, including the arrears of salary to the petitioner from the date of initial appointment on 01.03.2019, along with interest within a time frame to be fixed by this Court.

For Petitioner : M/s. T.Dharani For Respondents : Mr.L.S.M.Hasan Fizal Govt. Advocate for R1 to R3

O R D E R

This writ petition is disposed of at the time of admission in the light of the fact that the issue appears to be squarely covered in terms of the orders passed by the Division Bench of the Madurai Bench of the Madras High Court in W.A.(MD).No.76 of 2019 dated 20.09.2019. In terms of the above order, the Hon'ble Division Bench has held that G.O.Ms.No.165, School Education Department dated 17.09.2019 is inoperable.

2. It is noticed that the proposal sent by the 4th Respondent for appointing the Petitioner as a B.T. Assistant has not been considered till date. It further appears that the 4th Respondent School was called upon to furnish certain details for carrying out the aforesaid exercise.

3. Considering the same, this writ petition is disposed by directing the 4th Respondent is directed to furnish all the details called for by the third Respondent within a period of 30 days from the date of receipt of copy of this order. The 2nd Respondent is also directed to pass appropriate orders on merits and in accordance with law, for granting approval of appointment of Petitioner in the Post of B.T. Assistant (History) in the 4th Respondent School from the date of appointment, based on the proposal sent by the 4th Respondent dated 29.09.2019 and another proposal dated 22.03.2021, within a period of 60 days thereafter.

4. This writ petition is disposed with the above directions. No costs. Consequently, connected WMP is closed. 29.10.2021 Index : Yes/No Internet : Yes/No rrg

To

1. The Director of School Education, DPI Campus, College Road, Chennai-600 006.

2. The District Educational Officer, Tirukovilur Educationa District, Tirukovilur, Kallakurichi District-605757.

3. The Block Educational Officer, Tirukovilur, Kallakurichi District-605757.

4. The Correspondent, Danish Mission Middle School, Keelaiyur, Tirukovilur, Kallakurichi District-605757.

C.SARAVANAN J., rrg 29.10.2021