Nadar High School v. The Chief Educational Officer

W.P.(MD) No.2434 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2434 of 2020 Nadar High School, represented by its Secretary, A.Shanmugaraj, Karisalkulam, Vilathikulam Taluk, Tuticorin District 628 907.

... Petitioner /vs./ 1.The Chief Educational Officer, Tuticorin District, Tuticorin.

2.The District Educational Officer, Kovilpatti Educational District, Kovilpatti, Tuticorin District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pass orders for granting permission to fill up the post of B.T.Assistant (History) in the petitioner school based on the proposal submitted by the petitioner school on 21.01.2019 and resubmitted on 01.04.2019 within a time frame to be fixed by this Court.

For Petitioner : Mr.P.Pethu Rajesh For Respondents : Mr.M.Karuppasamy Government Advocate

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Though the petitioner has sought for issuance of writ of mandamus to the respondents to pass orders for granting permission to fill up the post of B.T.Assistant (History) in the petitioner's school, in my view, such a decision is to be taken by the respondents and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court. 3.The petitioner would submit that he has already made a proposal on 01.04.2019 in this regard, which is said to be pending. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2434 of 2020 If the said proposal is directed to be disposed of within stipulated time, the ends of justice could be secured.

4.Whenever a representation is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.

5.In view of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's proposal, dated 01.04.2019, on its own merits and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioner in his proposal and it is for the first respondent to consider it in accordance with law.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) mm To:

1.The Chief Educational Officer, Tuticorin District, Tuticorin.

2.The District Educational Officer, Kovilpatti Educational District, Kovilpatti, Tuticorin District.

+1 CC to SPL GP ( SR-5407[F] dated 10/02/2020 ) +1 CC to Mr.P.PETHU RAJESH, Advocate ( SR-5481[F] dated 10/02/2020 ) W.P.(MD)No.2434 of 2020 07.02.2020 (1⁄2) MK (20.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2