T.Maryprasanna v. The Director Of School Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH T.Maryprasanna
...Petitioner
Vs 1.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
2.The Chief Educational Officer, Thiruvannamalai, Thiruvannamalai District - 606 601.
3.The District Educational Officer, Thiruvannamalai, Thiruvannamalai District - 606 601.
4.The Correspondent, Danish Mission Higher Secondary School, Thiruvannamalai District - 606 601.
...Respondents
PRAYER: 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 the petitioner in the sanctioned post of BT Assistant (Science) in the 4th respondent School 1/4
based on the proposal submitted by the 4th respondent School dated 19.12.2018, with all consequential and other attendant benefits, including the arrears of salary from the date of initial appointment on 19.12.2018. For Petitioner : Mr.S.Sarath Chandran For R1 to R3 : Mr.P.Ganesan, Government Advocate
ORDER
Heard Mr.S.Sarath Chandran, learned counsel for the petitioner and Mr.P.Ganesan, learned Government Advocate for the respondents 1 to 3.
2. In view of the order to be passed in this Writ Petition, no prejudice would be caused to the fourth respondent and hence, notice to the said respondent is hereby dispensed with.
3. The prayer sought for in the present Writ Petition is for a direction to the respondents to approve the petitioner's appointment in the sanctioned post of BT Assistant (Science) with effect from 19.12.2018, based on the proposal submitted by the fourth respondent 2/4
school dated 19.12.2018, together with all consequential benefits and arrears of salary. Since there was no progress, the petitioner has preferred the present Writ Petition.
4. This Court is of the view that such a claim requires to be considered by the respondents and this Court may not be justified in stepping into the shoes of the respondents to consider the same. Nevertheless, if the proposal forwarded by the fourth respondent is directed to be disposed of within a stipulated time, the ends of justice could be secured.
5. In the light of the above observations, the second respondent herein is directed to dispose of the proposal forwarded by the fourth respondent school dated 19.12.2018, seeking for approval of the petitioner's appointment in the post of BT Assistant (Science) within a period of eight weeks from the date of receipt of a copy of this order. 3/4
M.S.RAMESH,J.
hvk
6. With the above direction, the Writ Petition stands disposed of. No costs.
16.10.2023 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
2.The Chief Educational Officer, Thiruvannamalai, Thiruvannamalai District - 606 601.
3.The District Educational Officer, Thiruvannamalai, Thiruvannamalai District - 606 601.
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