R.Karthik, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P.Nos.21349, 21350 and 21352 of 2019 ---- R.Karthik .. Petitioner in W.P.21349 of 2019 R.M.Kasthuri .. Petitioner in W.P.21350 of 2019 N.Shanthi .. Petitioner in W.P.21352 of 2019 Vs 1.The State of Tamil Nadu Rep. by its Secretary to Government School Education Department Secretariat, Fort.St.George Chennai-600 009 2.The Director of School Education DPI Campus College Road, Chennai-600 006 3.The Chief Educational Officer Tiruppur District 4.The District Educational Officer Dharapuram Educational District Dharapuram Thiruppur District 5.V.Muthappa Chettiar Dharma Vidhyalaya Higher Secondary School Rep. by its Secretary Mr.V.P.M.Manickkam Thayampalayam Post Tiruppur District-638 703 ..Respondents Prayer in W.P.
21349, 21350/2019:- Writ Petitions filed, under Article 226 of Constitution of India, to issue a writ of Mandamus directing the 3rd and 4th respondents to approve the appointment of the petitioner to the post of 'Office Assistant' in the 5th respondent school based upon the order of appointment dated 06.08.2018 and consequently direct the respondents to pay the salary and other monetary benefits as entitled by the petitioner from 06.08.2018 and pass such further orders.
Prayer in W.P.21352/2019:- Writ Petition filed, under Article 226 of Constitution of India, to issue a writ of Mandamus directing the 3rd and 4th respondents to approve the appointment of the petitioner to the post of 'Watchman' in the 5th respondent school based upon the order of appointment dated 06.08.2018 and consequently direct the respondents to pay the salary and other monetary benefits as entitled by the petitioner from 06.08.2018 and pass such further orders. For Petitioners : Mr.R.Karthikeyan For Respondents : Mr.K.Karthikeyan, Govt.Advocate
ORDER
The case of the petitioners is that they were appointed for the post of Office Assistant and Watchman respectively in the 5th respondent school. They were informed by the 5th respondent that the proposal was forwarded for approval to the 3rd respondent through the 4th respondent on 16.08.2018 itself. According to the petitioners, the same is to be approved by the 3rd and 4th respondents as regards non-teaching staff in the 5h respondent school. Petitioners have submitted a representation dated 03.06.2019 to the 5th respondent to send proposal and to get approval from 3rd and 4th respondents.
2. The learned Government Advocate appearing for Respondents submits that the petitioners' representation will be considered in accordance with law and necessary orders will be passed.
3. Considering the submission made by the learned Government Advocate appearing for the respondents, without going into the merits of the matter, this court is inclined to direct the 5th respondent school to consider the Petitioners' representation dated 03.06.2019 and take necessary steps for approving the appointment of the petitioners and thereafter, the respondents 3 and 4 shall pass appropriate orders on the recommendation of 5th respondent for approval of appointment, in accordance with law, within a period of forty five days from the date of receipt of a copy of this order.
4. The Writ Petitions are disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar nvsri
To 1.The Secretary to Government School Education Department Secretariat, Fort.St.George Chennai-600 009 2.The Director of School Education DPI Campus College Road, Chennai-600 006 3.The Chief Educational Officer Tiruppur District 4.The District Educational Officer Dharapuram Educational District Dharapuram Thiruppur District 5.The Secretary V.Muthappa Chettiar Dharma Vidhyalaya Higher Secondary School Mr.V.P.M.Manickkam Thayampalayam Post Tiruppur District-638 703 +3ccs to Mr.R.Karthikeyan, Advocate, S.R.Nos.62264, 62265 & 62266 +3ccs to the Government Pleader, S.R.Nos.62774 to 62776 WP.21349, 21350 and 21352 of 2019 KK(CO) RRS(28/08/2019)