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Madras High CourtWP/34454/2022disposed of

S.Grace v. The Commissioner Of School Education

2022-12-23Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.Grace ..

Petitioner vs.

1.The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

2.The District Elementary Educational Officer, Thiruvannamalai, Thiruvannamalai District - 606 601.

3.The Block Educational Officer, Thiruvannamalai, Thiruvannamalai District-606 601.

4.The Correspondent, Danish Mission Primary School, Thiruvannamalai, Thiruvannamalai District-606 601.

..

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pass orders for granting approval of appointment of the petitioner in the sanctioned post of Second Grade Teacher in the fourth respondent School based on the proposal submitted by the fourth respondent School dated 07.09.2019, with all consequential and other attendant benefits, including the arrears 1/6

of salary from the date of initial appointment on 07.03.2019, within a time frame to be fixed by this Court.

For Petitioner :

Mr.S.Sarath Chandran For Respondents :

Mr.D.Ravichander, Special Government Pleader

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2.Mr.D.Ravichander, learned Special Government Pleader accepts notice on behalf of the respondents.

3.This writ petition has been filed for a Mandamus seeking for a direction to the respondents to pass orders for granting approval for appointment of the petitioner in the sanctioned post of Secondary Grade Teacher in the fourth respondent School based on the proposal submitted by the fourth respondent School dated 07.09.2019, with all consequential and other attendant benefits, including the arrears of salary from the date of initial appointment on 07.03.2019, within a time frame to be fixed by this Court.

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4.The petitioner claims that she was appointed as a Secondary Grade Teacher in the fourth respondent School and the fourth respondent School has also sent a proposal on 07.09.2019 to the third respondent seeking for approval for the appointment of the petitioner as a Secondary Grade Teacher in the fourth respondent School. Since the proposal has not been considered till date, the petitioner has filed this writ petition. 5.Heard Mr.S.Sarath Chandran, learned counsel for the petitioner and Mr.D.Ravichander, learned Special Government Pleader appearing for the respondents.

6.Since no adverse orders are passed against the fourth respondent, notice to the fourth respondent is dispensed with. 7.Learned Special Government Pleader appearing for the official respondents would submit that only after a proposal, as claimed by the petitioner, is received by the third respondent, the third respondent will be in a position to consider the same, on merits and in accordance with law. 8.The said statement is recorded. No prejudice would be caused to 3/6

the respondents, if a direction is issued to the third respondent to pass final orders, on merits and in accordance with law on the fourth respondent's proposal dated 07.09.2019 seeking for approval for the appointment of the petitioner as a Secondary Grade Teacher in the fourth respondent School, within a time frame to be fixed by this Court. 9.For the foregoing reasons, this Court directs the third respondent to pass final orders, on merits and in accordance with law on the fourth respondent's proposal, dated 07.09.2019 if already received seeking for approval for the appointment of the petitioner as a Secondary Grade Teacher in the fourth respondent School, within a period of twelve weeks from the date of receipt of a copy of this order. 10.With the aforesaid direction, this writ petition is disposed of. No costs.

23.12.2022 Index: Yes/No vga 4/6

To 1.The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

2.The District Elementary Educational Officer, Thiruvannamalai, Thiruvannamalai District - 606 601.

3.The Block Educational Officer, Thiruvannamalai, Thiruvannamalai District-606 601.

4.The Correspondent, Danish Mission Primary School, Thiruvannamalai, Thiruvannamalai District-606 601.

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ABDUL QUDDHOSE, J.

vga 23.12.2022 6/6