S.Srinivasan v. The Chief Educational Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Srinivasan ... Petitioner Vs 1.The Chief Educational Officer, Presidency Girls Higher Secondary School Campus, Egmore, Chennai - 600 008.
2.The District Educational Officer, Chennai North, Villivakkam, Chennai - 600 049.
3.The Correspondent, Sri A.G.Jain Higher Secondary School, Sowcarpet, Chennai - 600 079.
... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the first respondent to approve the appointment of petitioner in the regular sanctioned post of waterman in the third respondent school from the date of appointment on 01.09.2018 based on the proposal forwarded by the second respondent in Na.Ka.No.375/Aa3/2019 dated 29.01.2019 with all consequential and other 1/6
attendant benefits including payment of arrears of salary within a time frame to be fixed by this Court.
For Petitioner ...
Mr.G.Sankaran For Respondents ...
Mr.S.Yashwanth, Additional Government Pleader
O R D E R
This writ petition has been filed for a mandamus seeking for a direction to the first respondent to approve the appointment of petitioner in the regular sanctioned post of Waterman in the third respondent school from the date of appointment i.e.,on 01.09.2018, based on the proposal forwarded by the second respondent on 29.01.2019 to the first respondent.
2. Mr.S.Yashwanth, learned Additional Government Pleader accepts notice on behalf of the respondents. By consent of both the parties, this writ petition is taken up for final disposal in the admission stage itself.
3. The petitioner claims that he has been working in the third respondent school eversince 01.09.2018. According to the petitioner, the third 2/6
respondent school has also forwarded the proposal seeking approval for the appointment of the petitioner as a Waterman in their school. The proposal sent by the third respondent school has also been forwarded by the second respondent to the first respondent for passing final orders. However, according to the petitioner, till date, no final orders have been passed by the first respondent, based on the proposal of the second respondent dated 29.01.2019.
4. Heard Mr.G.Sankaran, learned counsel for the petitioner and Mr.S.Yashwanth, learned Additional Government Pleader appearing for the respondents.
5. No prejudice would be caused to the respondents, if a direction is issued to the first respondent to pass final orders, on merits and in accordance with law, based on the second respondent's proposal dated 29.01.2019 seeking approval for the appointment of the petitioner to the post of Waterman in the third respondent school, within a time frame to be fixed by this Court.
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6. For the foregoing reasons, this Court directs the first respondent to pass final orders, on merits and in accordance with law on the proposal dated 29.01.2019 sent by the second respondent seeking approval for the appointment of the petitioner to the post of Waterman in the third respondent school from the date of his appointment on 01.09.2018, within a period of twelve weeks from the date of receipt of a copy of this order.
7. The petitioner is permitted to send a copy of the authorities/decisions in support of his claim to the first respondent along with a copy of this Order for effective implementation of this order.
8. With the aforesaid direction, this writ petition is disposed of. No costs.
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To 1.The Chief Educational Officer, Presidency Girls Higher Secondary School Campus, Egmore, Chennai - 600 008.
2.The District Educational Officer, Chennai North, Villivakkam, Chennai - 600 049.
3.The Correspondent, Sri A.G.Jain Higher Secondary School, Sowcarpet, Chennai - 600 079.
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ABDUL QUDDHOSE, J.
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