The Correspondent v. The State Of Tamil Nadu
In the High Court of Judicature at Madras Dated : 25.10.2024 Coram :
The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.29857 of 2023 & WMP.Nos.29466 & 29467 of 2023 The Correspondent, St.Aloysius Girls Higher Secondary School, Dharapuram 638656. Tirupur District.
...Petitioner
Vs 1.The State of Tamil Nadu, rep.
by its Secretary, Department of School Education, Fort St.George, Chennai-9.
2.The Commissioner of School Education, College Road, Chennai-6.
3.The Chief Educational Officer, Chief Educational Office, No.513, Collector Campus, 5th Floor, Palladam Road, Tirupur-641604.
4.The District Educational Officer, District Educational Office, Government Higher Secondary School Campus, Dharapuram.
638656.
...Respondents
1/5
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings issued by the third respondent CEO in Na.Ka.No.9272/Aa3/2022 dated 29.8.2022 (as signed) and the consequential proceedings issued by the fourth respondent DEO in O.Mu.No.4918/A2/2022 dated 21.9.2022, quash the same and further direct respondents 3 and 4 to approve forthwith the appointment of Mrs.P.T.Priya as Drawing Mistress in the petitioner school with effect from the date of her appointment viz. 01.7.2022 and release salary and all attendant benefits with effect from the said date. For Petitioner :
Ms.H.Mary Sowmi Rexi For Respondents :
Mrs.Mythreye Chandru, SGP
ORDER
The writ petition has been filed challenging the proceedings of both the third respondent dated 29.8.2022 as well as the fourth respondent dated 21.9.2022 and to further direct respondents 3 and 4 to approve the appointment of one Mrs.P.T.Priya as the Drawing Mistress in the petitioner school with effect from the date of her appointment on 01.7.2022 and release salary and all other attendant benefits.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents. 2/5
3. On carefully going through the impugned proceedings of respondents 3 and 4, it is seen that the proposal has been rejected only by citing G.O.Ms.No.165 dated 17.9.2019. This Court already held that the said Government Order is inoperative by virtue of the judgment of the Division Bench of the Madurai Bench of this Court in W.A.(MD) No.76 of 2019 dated 31.3.2021.
4. In view of the above, the impugned proceedings of both the third and the fourth respondents respectively dated 29.8.2022 and 21.9.2022 are hereby quashed. There shall be a direction to the petitioner school to once again submit the proposal before the fourth respondent, who shall forward the same to the third respondent and necessary orders granting approval of appointment in the case of Mrs.P.T.Priya to the post of Drawing Mistress shall be passed subject to fulfilling all the other requirements. This process shall be completed within a period of six weeks from the date of receipt of a copy of this order.
5. The writ petition is allowed with the above directions. No costs. Consequently, the connected WMPs are closed. 25.10.2024 3/5
To 1.The Secretary to Government of Tamil Nadu, Department of School Education, Fort St.George, Chennai-9.
2.The Commissioner of School Education, College Road, Chennai-6.
3.The Chief Educational Officer, Chief Educational Office, No.513, Collector Campus, 5th Floor, Palladam Road, Tirupur-641604.
4.The District Educational Officer, District Educational Office, Government Higher Secondary School Campus, Dharapuram.
638656.
RS 4/5
N.ANAND VENKATESH,J RS W.P.No.29857 of 2023 & WMP.Nos.29466 & 29467 of 2023 25.10.2024 5/5