S.Mani v. The Director Of Elementary Education,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :19.09.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.22735 of 2019 S. Mani ..Petitioner vs
1. The Director of Elementary Education, College Road, Chennai- 600 006.
2. The District Educational Officer, Vriddhachalam, Cuddalore District.
3. The Block Educational Officer, Nallur, Cuddalore District.
4. The Correspondent D.M. Elementary School, Kattumailur -606 304, Cuddalore District. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus or any other appropriate writ or order or direction in the nature of writ, directing the 2nd respondent to dispose of the petitioner's representation dated 28.04.2018, which was given seeking approval of petitioner's appointment as Secondary Grade Assistant Teacher in the 4th respondent school based on proposal dated 01.2017 sent by the 4th respondent school and as recommended by the 3rd respondent dated 20.04.2018, on merits within a time frame stipulated by this Hon'ble Court and pass orders For Petitioner : Mr. A. S. Kaizer For Respondents : Mr. V. Annalakshmi, Government Advocate
O R D E R
The petitioner filed this Writ Petition seeking direction to the 2nd respondent to dispose of the petitioner's representation dated 28.04.2018, which was given seeking approval of petitioner's appointment as Secondary Grade Assistant Teacher in the 4th respondent school based on proposal dated 01.2017 sent by the 4th respondent school and as recommended by the 3rd respondent dated 20.04.2018, on merits within a time frame stipulated.
2. The case of the petitioner is that the petitioner was appointed as Secondary Grade Assistant Teacher in the 4th respondent Aided Minority School. The fourth respondent sent a proposal for approval of appointment of the petitioner to the second respondent. The second respondent returned the proposal with certain queries. The fourth respondent school resent the proposal by answering all the queries raised by the second respondent in his proceedings dated 28.03.2018. The 3rd respondent also recommended for the approval of the appointment of the petitioner. Subsequently the petitioner submitted a representation on 28.04.2018 to the second respondent for approval of his appointment and also for the payment of salary which is pending but till date his representation is not considered by the second respondent. Hence the present Writ Petition.
3. The learned counsel for the petitioner would submit that it would be suffice to issue direction to the second respondent to pass orders on the representation dated 28.04.2019 submitted by the petitioner on merits and in accordance with law within a reasonable time.
4. Mr.V. Annalakshmi, learned Government Advocate appearing for the respondents conceded to the limited request made by the learned counsel for the petitioner.
5. Without expressing any opinion on the merits of the case and considering the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the second respondent to pass orders on the representation dated 28.04.2018 submitted by the petitioner on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar
mrn To
1. The Director of Elementary Education, College Road, Chennai- 600 006.
2. The District Educational Officer, Vriddhachalam, Cuddalore District.
3. The Block Educational Officer, Nallur, Cuddalore District.
4. The Correspondent D.M. Elementary School, Kattumailur -606 304, Cuddalore District.
+1cc to Mr. A. S. Kaizer, Advocate SR.No. 87452 +1 cc to Government Pleader Sr.No. 81154 W.P.No.22735 of 2019 A.SK(21/10/2019)