P.Ranjith Kumar v. The Chief Educational Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.33345, 33351 and 33355 of 2018 and W.M.P.Nos.38700, 38703 and 38706 of 2018 P.Ranjith Kumar ...
Petitioner in W.P.33345/2018 R.Nagaraj ...
Petitioner in W.P.33351/2018 R.Vasantha ...
Petitioner in W.P.33355/2018 Vs
1. The Chief Educational Officer Saidapet, Chennai 600 015.
2. The District Educational Officer (West) DPI Campus, Chennai 600 006.
3. The Correspondent Sir M.Ct.Muthiah Chettiar Boys Higher Secondary School, 23, Raja Annamalai Road Purasawalkam, Chennai 600 084.
...
Respondents in all the W.Ps.
Prayer in W.P.No.33345 / 2018 :
Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorified Mandamus calling for the records pertaining to the order passed by the 2nd respondent in his proceedings Na.Ka.No.1914/AA1/2018 dated 30/11/2018 and quash the same and direct the respondents to approve the petitioner's appointment as Watchman from the date of appointment ie., 09/05/2018 and confer all consequential benefits.
Prayer in W.P.No.33351 / 2018 :
Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorified Mandamus calling for the records pertaining to the order passed by the 2nd respondent in his proceedings Na.Ka.No.1920/AA1/2018 dated 30/11/2018 and
quash the same and direct the respondents to approve the petitioner's appointment as Scavenger from the date of appointment ie., 09/05/2018 and confer all consequential benefits.
Prayer in W.P.No.33355 / 2018 :
Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorified Mandamus calling for the records pertaining to the order passed by the 2nd respondent in his proceedings Na.Ka.No.1919/AA1/2018 dated 30/11/2018 and quash the same and direct the respondents to approve the petitioner's appointment as Sweeper from the date of appointment ie., 09/05/2018 and confer all consequential benefits. For Petitioners : Mr.P.Ganesan M/s.C.S.Associates For Respondents 1 & 2 : Ms.P.Kavitha, Government Advocate (Education)
O R D E R
The petitioners were appointed in the third respondent school as Watchman, Scavenger and Sweeper respectively on 09.05.2018. After their appointment, the third respondent school sent the proposal to the District Educational Officer (West) / second respondent on 24.05.2018 and to the first respondent on 12.06.2018. The second respondent returned the proposal and instructed the school to re-submit the proposal with certain documents. Thereafter, the third respondent school resubmitted the proposal on 25.07.2018. The second respondent again returned the proposal by the impugned proceedings dated 30.11.2018.
2. Ms.P.Kavitha, learned Government Advocate (Education) takes notice on behalf of the respondents.
3. Considering the fact that the vacancy and staff fixation was already done for the academic year 2017-18 and as per the staff fixation, the management has appointed the teaching and non-teaching staff, which was also approved by the school committee, the second respondent ought to have approved the proposal.
4. In the above circumstances, this writ petitions are disposed of directing the first respondent to consider the proposal submitted by the third respondent school dated
25.07.2018 with respect to the appointment of the petitioners, and pass orders thereon, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kst To
1. The Chief Educational Officer Saidapet, Chennai 600 015.
2. The District Educational Officer (West) DPI Campus, Chennai 600 006.
+3cc to Mr.P.Ganesan, Advocate, S.R.No.88100 TO 88102 +1cc to the Government Pleader, S.R.No.88994 TO 88996 W.P.No.33345, 33351 and 33355 of 2018 PPA(CO) CS/07/02/2019