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Madras High CourtWP/35387/2024disposed of

A.Frankline, v. The Director Of School Education

2024-11-21Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.35387 of 2024 A. Frankline .. Petitioner

Versus

1. The Director of School Education, College Road, Chennai - 600 006.

2. The District Educational Offier, Virudachalam, Cuddalore District.

3. The Block Educational Officer, Nallur Union, Virudachalam.

4. The Correspondent, Danish Mission Elementary School, Adhamangalam, Nallur Union, Virudachalam.

...Respondents

Prayer: This petition is filed under article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to approve the appointment of the petitioner as a Secondary Grade Teacher, in the 4th respondent school, with effect from 05.08.2023 with all consequential and monetary benefits by considering the proposal 1/5

submitted by the 4th respondent on 03.09.2023 and re-submitted on 04.12.2023, pending on the file of the second respondent, within a time frame fixed by this Court and pass orders.

For Petitioner : Mr.S.N. Ravichandran For Respondents : Mrs.S. Mythreye Chandru Special Government Pleader

ORDER

By consent of learned counsel on either side, this writ petition is taken up for final disposal at the stage of admission itself.

2. This writ petition is filed seeking to issue a Writ of Mandamus directing the second respondent to approve the appointment of the petitioner as a Secondary Grade Teacher, in the 4th respondent school, with effect from 05.08.2023 with all consequential and monetary benefits by considering the proposal submitted by the 4th respondent on 03.09.2023 and re-submitted on 04.12.2023, pending on the file of the second respondent, within a time frame fixed by this Court. 2/5

3. The case of the petitioner is that the 4th respondent appointed the petitioner on 29.07.2023 in the post of Secondary Grade Teacher against the sanctioned post arising out of permanent vacancy. In order to approve the said post a representation was sent to the third respondent, who inturn returned the same on 20.11.2023 due to some defects in the said representation. However, the defects were rectified and the same was represented on 04.12.2023 to the second respondent and the same was duly received by the second respondent. However, there was no progress in the said application, due to which the petitioner has come up with this petition.

4. The learned counsel for the petitioner submitted that it would be suffice if a direction is given to the second respondent to consider the case of the petitioner and pass orders as early as possible.

5. The learned Special Government Pleader appearing for the respondents would submit that they will consider the case of the petitioner in accordance with law and pass orders.

6. Heard both sides and perused the materials available on record. 3/5

7. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's application dated 04.12.2023 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

8. With the aforesaid direction, this writ petition is disposed of. No order as to costs.

21.11.2024 Speaking order : Yes/No Index : Yes/No smn To

1. The Director of School Education, College Road, Chennai - 600 006.

2. The District Educational Offier, Virudachalam, Cuddalore District.

3. The Block Educational Officer, Nallur Union, Virudachalam.

4. The Correspondent, Danish Mission Elementary School, Adhamangalam, Nallur Union, Virudachalam.

4/5

V.BHAVANI SUBBAROYAN, J.

smn W.P.No.35387 of 2024 21.11.2024 5/5