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Madras High CourtWP/26575/2017disposed of with direction

E.Jansi Rani v. The Directr Of Elementary

2018-09-27Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 27.09.2018

CORAM

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.26575 of 2017 and W.M.P.No.28293 of 2017 E.Jansi Rani ....Petitioner Vs 1.The Director of Elementary Education, College Road, Chennai-600 006 2.The District Elementary Educational Officer, The District Educational Office, Collectorate Complex, Tiruppur 3.The Assistant Elementary Educational Officer, Assistant Elementary Educational Office, Kundadam, Tiruppur 4.The Correspondent, C.S.I. Primary School, Kundadam, Tiruppur District 5.The Bishop and Manager, Church of South India, Tiruchirapalli _Thanjavur Diocese, Diocese Office, Puthur, Tirucharapalli ..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd and 3rd respondent herein to approve the appointment of the petitioner namely E.Jansi Rani as Secondary Grade teacher in the 4th respondent school from 25.08.2015 onwards with salary and other attendant benefits. For Petitioner : Mr.D.R.Arun Kumar For Respondents : Mrs.P.Kavitha, Government Advocate for RR1 to 3 : No appearance for RR4 & 5

ORDER

The case of the petitioner in this case is that though she was appointed as a Secondary Grade Teacher in the fourth respondent School against the vacancy caused on account of the promotion of the previous incumbent Mr.J.Yovansnankan to CSI Aided Elementary School, T.Venkatapuram on 25.08.2015 and proposal for approval of such appointment has already been sent to the second and third respondents but the respondents have not taken a decision yet. Hence, she came to file the present writ petition seeking a direction to the second and third respondents to consider for approval of her appointment and release her salary as entitled to from the date of her appointment.

2. Mrs.P.Kavitha, learned Additional Government Advocate appearing for respondents No.1 to 3, submits that if such proposal is pending, decision shall be taken within a reasonable period.

3. Considering the aforesaid facts and submissions made by the learned counsel for the parties, though no reply affidavit has been filed by the respondents, without seeking any reply affidavit, this court dispose of this writ petition with a direction to the second respondent to take an informed and considered decision on the proposal submitted for approval of appointment of the petitioner as Secondary Grade Teacher by the fourth respondent in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. However, it is made clear that this court has expressed no opinion on merits of such proposal in any manner. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar lok To 1.The Director of Elementary Education, College Road, Chennai-600 006 2.The District Elementary Educational Officer, The District Educational Office, Collectorate Complex, Tiruppur

3.The Assistant Elementary Educational Officer, Assistant Elementary Educational Office, Kundadam, Tiruppur +1cc to Mr.D.R.Arunkumar, Advocate, S.R.No.67181 +1cc to Mr.P.Balamurali, Advocate, S.R.No.67179 W.P.No.26575 of 2017 rrs 12/10/2018