M.Kavitha v. The Director Of Elementary School Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.35536 of 2019 M.Kavitha Petitioner vs.

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

2. District Educational Officer, Nagapattinam District, Nagapattinam.

3. The Aided Elementary School, Rep. by Secretary, Mr.R.Rajendran Vandal, Thalainayar, Sethi P.O.

Nagapattinam District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to act on the proposal of the 3rd respondent School Management for petitioner appointment in the permanent vacancy of the 3rd respondent School dated 13.06.2016.

For Petitioner : Mr.A.K.Sriram For Respondents: Mrs.V.Annalakshmi Government Advocate

O R D E R

This writ petition has been filed for issuance of writ of mandamus directing the 2nd respondent to act on the proposal that has already been submitted by the 3rd respondent School for the appointment of the petitioner in permanent vacancy in the 3rd respondent School.

2.It is seen from records that there was a vacancy in the sanctioned post in the 3rd respondent School by virtue of retirement. The 3rd respondent School had applied to the 2nd respondent requesting for grant of permission to fill up the existing vacancy of the sanctioned post. The petitioner was appointed on 13.06.2016 as Secondary Grade Teacher and a proposal was sent to the 2nd respondent for approval of the appointment on the same day.

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3.The grievance of the petitioner is that even though the proposal was sent in the year 2016, till date the 2nd respondent has not passed any orders granting approval for the appointment of the petitioner. Left with no other option, the present writ petition has been filed before this Court. 4.Heard Mr.A.K.Sriram, learned counsel appearing on behalf of the petitioner and Mrs.V.Annalakshmi, learned Government Advocate appearing on behalf of the respondents. 5.

Taking into consideration the facts and circumstances of the case and also of the fact that the proposal that was submitted by the 3rd respondent has been pending from the year 2016 onwards before the 2nd respondent, the 2nd respondent is directed to immediately take up the proposal that was submitted by the 3rd respondent and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent through the 3rd respondent along with a copy of the earlier proposal that was made in 2016 and a copy of this order. 6.This writ petition is disposed of with the above directions. No Costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar ssr To

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

2. The District Educational Officer, Nagapattinam District, Nagapattinam.

3. Mr.R.Rajendran, The Secretary, Aided Elementary School, Vandal, Thalainayar, Sethi P.O. Nagapattinam District.

+1cc to Mr.C.Prabakaran, Advocate, S.R.No. 106502 +1cc to the Government Pleader, S.R.No. 106818 W.P No.35536 of 2019 LN(CO) GN(04/02/2020) https://hcservices.ecourts.gov.in/hcservices/