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Madras High CourtWP/20166/2020disposed of

Nadar Higher Secondary School v. The Government Of Tamil Nadu

2024-01-03Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.20166 of 2020 Nadar Higher Secondary School, Rep. by its Secretary, Pandavarmangalam, Kovilpatti, Tuticorin District.

...

Petitioner /vs/

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

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

3. The Chief Educational Officer, Tuticorin District, Tuticorin.

4. The District Educational Officer, Kovilpatti, Tuticorin District.

... Respondents

Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents No.1 and 2 to grant approval for the appointment to the Post of Office Assistant from the date of Appointment i.e. 01.06.2001, in Nadar Higher Secondary School, Pandavarmangalam, Kovilpatti, Tuticorin District in respect of appointee T.Gnanaseelan, for the purpose of continuity of service and to grant salary for period from 01.06.2001 to 29.11.2007.

For Petitioner ... Mr.R.Saseetharan For Respondents ... Mr. T.Rajendran Additional Government Pleader

ORDER

This Writ Petition has been filed for the issuance of a writ of mandamus directing the first and second respondents to grant approval for the appointment to the Post of Office Assistant from the date of Appointment i.e. 01.06.2001, in Nadar Higher Secondary School, Pandavarmangalam, Kovilpatti, Tuticorin District in respect of appointee T.Gnanaseelan, for the purpose of continuity of service and to grant salary for period from 01.06.2001 to 29.11.2007.

2. The learned counsel for the petitioner submitted that in this regard the petitioner has given a representation dated 23.09.2020 to the first and second respondent and the same has not been considered so far.

3. In the counter affidavit filed by the fourth respondent it has been stated that the petitioner's representation is under consideration; in view of the fact that the ban order was lifted by the Government by virtue of the order dated 07.02.2006, it is stated further that the post remained continuously vacant from 01.01.1999.

4. Without going into the merits of the case, this Court directs the first respondent to consider the representation of the petitioner dated 23.09.2020 and pass orders in the light of the development now submitted in the counter affidavit of the fourth respondent, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed. No costs. 03.01.2024 Index: Yes / No Speaking order / Non-speaking order bkn

To:

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

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

3. The Chief Educational Officer, Tuticorin District, Tuticorin.

4. The District Educational Officer, Kovilpatti, Tuticorin District.

R.N.MANJULA ,J.

bkn 03.01.2024