V.Albert Rani v. The State Of Tamil Nadu Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.30554 of 2019 V. Albert Rani ..Petitioner vs

1. The State of Tamil Nadu Represented by its Secretary, Education Department, Fort St. George, Chennai- 600 009.

2. The District Educational Officer, Kallakurichi Education Block, Villupuram District.

3. The Block Education Officer A1, Chinna Salem, Kallakurichi.

4. The Correspondent, St Antony's Primary School, Melvariappanur, Chinna Salem.

5. The Manager R.C. Primary and Middle Schools, Cuddalore and Villupuram District, Cuddalore 607 001.

.. 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 respondents to approve the appointment of the petitioner from the date of initial appointment and to extend all benefits both service and monetary thereto.

For Petitioner : Mr. T. Dharani For Respondents : Ms. Pl Kavitha, Government Advocate for Education

O R D E R

With the consent of both the parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioner filed this Writ Petition seeking direction to direct the respondents to approve the appointment of the petitioner from the date of initial appointment and to extend all benefits both service and monetary thereto.

3. The case of the petitioner is that the petitioner was appointed as Secondary Grade Assistant in the 4th respondent school on 16.06.2017 and joined Forenoon in the place of Mrs. A. Metilda, Secondary Grade Assistant transferred on 26.05.2017 in strict adherence to the existing vacancy and also with reference to the category of such appointment and pursuant to the same, she had joined duty. He was placed on probation and necessary proposals came to be forwarded enclosing all materials evidences to the respondent Educational Department for approving the appointment. The petitioner made a representation to the 4th respondent, who in turn forwarded the proposal to the 2nd respondent on 29.06.2019 for approval of the appointment as Secondary Grade Assistant. The proposal has been forwarded to the third respondent by the 4th respondent for passing appropriate orders, however no action taken till date and salary was also not paid to the petitioner from the date of her appointment. Hence the present Writ Petition is filed.

4. The learned counsel for the petitioner would submit that it would be suffice to issue direction to the third respondent to dispose of the proposal dated 29.06.2019 and pass orders.

5. Ms. P. Kavitha, learned Government Advocate appearing for the respondent agreed to dispose of the proposal within a stipulated time.

6. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the third respondent to dispose of the proposal dated 29.06.2019 to approve the appointment of the petitioner from the date of initial appointment and to extend all benefits 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.

s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar mrn To

1. The Secretary, State of Tamil Nadu Education Department, Fort St. George, Chennai- 600 009.

2. The District Educational Officer, Kallakurichi Education Block, Villupuram District.

3. The Block Education Officer A1, Chinna Salem, Kallakurichi.

+1 CC to Govt. Pleader sr 90718.

W.P.No.30554 of 2019 SP(06/12/2019)