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Madras High CourtWP/31458/2019disposed of

C.Sagaya Mary v. The State Of Tamil Nadu Rep By Its

2019-11-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.31458 of 2019 C.Sagaya Mary ... 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,Villupuram District.

3.The Block Education Officer, Chinna salem, Kallakurichi.

4.The Correspondent, St.Mary's Middle School, Karanoor, Kallakurichi Taluk, Villupuram District.

5.The President, Francies Sisters of St.Aloysus Gonzaga, Door No.6, St. Ange Street, Puducherry.

... Respondents Prayer: Writ Petition is 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 fourth respondent on 03.10.2019 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 : Mr.T.Dharani For R1 to R3 : Mr.P.Kavitha Government Advocate

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents 2 and 3 to pass orders on the proposal

submitted by the fourth respondent on 03.10.2019 to approve the appointment of the petitioner from the date of initial appointment and to extend all service and monetary benefits. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3. By consent, this writ petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner was appointed as Secondary Grade Assistant in the fourth respondent school on 12.06.2013 and joined in the place of Mrs.D.Jasmine Sharmila Dorathi. The proposal to sanction the appointment of the petitioner was forwarded to the fourth respondent since the petitioner is working in a school which was recognised by the Government of Tamil Nadu and receiving teaching grants under Tamil Nadu Minority School recognised Rules.

4.The grievance of the petitioner is that the petitioner was appointed on 12.06.2013 and till date the appointment of the petitioner was not approved. Therefore, the petitioner made representation to the fourth respondent and the same was forwarded to the third respondent. Since there were some defects in the proposal, the same was returned to the fourth respondent and the fourth respondent again forwarded the same on 03.10.2019 after rectifying the same. Since the proposal was not considered and the petitioner's appointment was not approved, the petitioner came to file this writ petition. 5.The learned Government Advocate appearing for the respondents 1 to 3 would submit that the petitioner's proposal dated 03.10.2019 will be considered within a period of 12 weeks. 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 respondents to dispose of the petitioner's proposal dated 03.10.2019, if not disposed already 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.

To 1.The State of Tamil Nadu represented by its secretary, Education Department Fort St.George, Chennai-600 009.

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

3.The Block Education Officer, Chinna salem, Kallakurichi.

+1 CC to Mr.T. Dharani, Advocate sr 92620.

+1 CC to Govt. Pleader sr 93013.

W.P.No.31458 of 2019 CA(CO) SP(11/12/2019)