The Correspondent v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI The Correspondent, St.Joseph's Higher Secondary School, Mulagumoodu, Kanyakumari District.
... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Secretary to Government, School Education Department, Secretariat, Chennai-9.
2.The Commissioner of School Education, College Road, Chennai.
3.The Chief Educational Officer, Nagercoil, Kanyakumari District.
4.The District Educational Officer (Secondary), Marthandam, Kanyakumari District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to approve the appointment of L.M.Vimala Christal as Junior Assistant with effect 1/6
from her date of appointment that is 13.03.2023 based on the recommendation of the 4th respondent bearing Na.Ka.No.3963/A2/2023, dated 24.08.2023 and to grant all the service and monetary benefits in consequent to the same within a time frame that may be fixed by this Court by considering the proposal resubmitted by the petitioner dated ----.
For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.P.T.Thiraviyam Government Advocate
ORDER
The present writ petition has been filed seeking direction to the 3rd respondent to approve the appointment of L.M.Vimala Christal as Junior Assistant with effect from her date of appointment that is 13.03.2023 based on the recommendation of the 4th respondent bearing Na.Ka.No.3963/A2/2023, dated 24.08.2023 and to grant all the service and monetary benefits in consequent to the same within a stipulated time by considering the proposal resubmitted by the petitioner.
2. The petitioner school is a minority institution. One post of Junior Assistant had arisen in the petitioner school due to the retirement of one S.Lawrence who was working as Junior Assistant, retired on 30.06.2022. One 2/6
L.M.Vimala Christal made an application for being appointed to the said post. On considering her eligibility, she was appointed as Junior Assistant with effect from 13.03.2023. Pursuant to the appointment, on 27.04.2023, the petitioner had sent a proposal to the 4th respondent so as to approve the appointment of the said L.M.Vimala Christal as Junior Assistant enclosing all relevant documents, following which the proposal was acted upon by the proceedings of the 4th respondent on 30.05.2023 and the proposal was returned directing the petitioner to resubmit the proposal along with the certificate that there is no surplus post of Junior Assistant in the R.C. Diocese Management schools. Along with the said certificate, the petitioner further submitted a proposal before the 4th respondent. The 4th respondent, on receipt of the same, had forwarded the same to the 3rd respondent. However, the same was not disposed off by the 3rd respondent. In view of the same, this writ petition came to be filed.
3. The learned Government Advocate appearing for the respondents submitted that already the 4th respondent has recommended the case of the petitioner to the 3rd respondent and the same will be considered, if the records are proper in accordance with law.
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4. Recording the submission made by the learned Government Advocate, this Court hereby direct the 3rd respondent to pass appropriate orders in accordance with law, on the proposal forwarded by the 4th respondent vide proceedings, dated 24.08.2023, in the matter of the approval of the appointment of L.M.Vimala Christal. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.
5. With the above said observations, this Writ Petition stands disposed of. No costs.
23.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Secretary to Government, The State of Tamil Nadu, School Education Department, Secretariat, Chennai-9.
2.The Commissioner of School Education, College Road, Chennai.
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3.The Chief Educational Officer, Nagercoil, Kanyakumari District.
4.The District Educational Officer (Secondary), Marthandam, Kanyakumari District.
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L.VICTORIA GOWRI, J.
gbg 23.02.2024 6/6