S.Christilda Shageela Rani, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.10.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.30566 of 2019 S.Christilda Shageela Rani .. Petitioner Vs.
1. The Secretary, The State of Tamil Nadu, Education Department, Fort St.George, Chennai - 600 009.
2. The District Elementary Educational Officer, Cuddalore District.
3. The Block Educational Officer II, Cuddalore.
4. The Correspondent, Danish Mission Elementary School, Vilvarayanatham, Cuddalore.
5. The Central Manager & Chairman, Education Board, D.M.Elementary Higher Elementary School, Parikkal, Cuddalore District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to pass orders on proposal submitted by the 4th respondent on 12.02.2018 for approve the appointment of the petitioner from the date of initial appointment and to extend all benefits both service and monetary thereto.
For Petitioner : Ms.T.Dharani For Respondents : Mr.C.Munusamy Special Government Pleader for(Edn)
O R D E R
This Writ Petition is filed for a Writ of Mandamus, directing the respondents 2 and 3 to pass orders on proposal
submitted by the fourth respondent on 12.02.2018 to approve the appointment of the petitioner from the date of initial appointment and to extend all benefits, both service and monetary thereto.
2. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that the petitioner was appointed as Secondary Grade Assistant in the fourth respondent School on 12.02.2018 and joined the service in the place of Mrs.W.Doras Meena, who is a Secondary Grade Assistant transferred on 23.08.2017 to Danish Mission Primary School, Vilvanagar. Thereafter, the petitioner made a representation to the fourth respondent for approval of her appointment as Secondary Grade Assistant. Thereafter the fourth respondent submitted a representation to the third respondent on 12.02.2018 and explained the position and requested him to issue a suitable direction to the second respondent to approve the petitioner's appointment and however, till date no action was taken by the respondents 2 and 3. Hence, the petitioner has come out with the present Writ Petition.
4. The learned counsel for the petitioner would submit that it would be suffice to issue direction to the respondents 2 and 3 to consider the proposal submitted by the fourth respondent on 12.02.2018 and pass orders on the same.
5. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, this Court hereby directs the respondents 2 and 3 to consider the proposal submitted by the fourth respondent on 12.02.2018 and pass orders on the same on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.
6. With the above direction, the Writ Petition is disposed of. No costs.
s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar
To
1. The Secretary, The State of Tamil Nadu, Education Department, Fort St.George, Chennai - 600 009.
2. The District Elementary Educational Officer, Cuddalore District.
3. The Block Educational Officer II, Cuddalore.
4. The Correspondent, Danish Mission Elementary School, Vilvarayanatham, Cuddalore.
5. The Central Manager & Chairman, Education Board, D.M.Elementary Higher Elementary School, Parikkal, Cuddalore District.
+1 CC to M/s.T. Dharani, Advocate sr 89514.
W.P.No.30566 of 2019 AD(CO) SP(06/12/2019)