Nurcessus Jerry Vasanth G.D v. The Governemnt Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.35655 of 2023 Mr.Nurcessus Jerry Vasanth G.D St. Bede's Anglo-Indian Higher Secondary School Chennai - 600 004.

...Petitioner

-Vs1.The Government of Tamil Nadu Rep. By its Secretary The Department of School Education Fort St. George, Chennai - 600 009 2.The Director of School Education DPI Campus College Road Chennai - 600 006.

3.District Educational Officer (Anglo-Indian) The office of the District Educational Officer No.9, Kamarajar Salai Triplicane, Chennai - 05.

4.The Correspondent St. Bede's Anglo-Indian Higher Secondary School, No.37, Santhome High Road, Santhome, Chennai-600 004.

... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to issue orders approving the appointment of the petitioner Mr.Nurcessay Jerry Vasanth.G.D, working as Middle Grade B.T. Asst. (Maths) in the 4th respondent St. Bede's Anglo-Indian Higher Secondary School, No.37 Santhome High Road, Santhome, Chennai - 600 00, w.e.f. 21.01.2019, with all service and monetary benefits.

For Petitioners : Mr.Father Xavier Arul Raj Senior Counsel For Respondents : Mr.S.Silambanan Additional Advocate General Assisted by Mr.U.Baranidharan Additional Government Pleader.

ORDER

This Writ Petition has been filed for direction directing the respondents 1 to 3 to pass orders in the proposal sent for approval.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was appointed as Middle Grade BT Assistant (Maths) in the 4th respondent School in the vacancy arising out of death of one Raphaelamma. She was appointed in a regular sanctioned post with grant-in-

aid from the Government. Immediately, after her appointment, the 4th respondent had sent its proposal to approve the petitioner's appointment to the 3rd respondent. However, it is pending, even today for passing orders.

4. The learned Senior Counsel appearing for the petitioner submitted that the proposal sent by the 4th respondent will be considered within a stipulated time as fixed by this Court.

5. Considering the above submission, the 3rd respondent is directed to consider the proposal sent by the 4th respondent to pass orders on the approval of appointment of the petitioner in the post of Middle Grade BT Assistant (Maths) in the 4th respondent School, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 03.01.2024 Internet: Yes Index : Yes/No Lpp

G.K.ILANTHIRAIYAN. J, Lpp To 1.The Government of Tamil Nadu Rep. By its Secretary The Department of School Education Fort St. George, Chennai - 600 009 2.The Director of School Education DPI Campus College Road Chennai - 600 006.

3.The District Educational Officer (Anglo-Indian) The office of the District Educational Officer No.9, Kamarajar Salai Triplicane, Chennai - 05.

4. The Public Prosecutor, High Court, Madras.

and W.M.P.No.35655 of 2023 03.01.2024