The Correspondent v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).No.1797 of 2023 The Correspondent, St. Joseph's College Higher Secondary School, Near Chatram Bus Stand, Trichy District 620 002.

... Petitioner Vs.

1.The State of Tamil Nadu represented by its Secretary, Department of School Education, Fort St. George, Chennai 600 009.

2.The Director of School Education, College Road, Chennai 600 006.

3.The Chief Educational Officer,

4.The District Educational Officer, ... Respondents PRAYER : Writ Petitions are filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the fourth respondent District Educational Officer to approve forthwith the appointment of Mr.S.Libin Joseph as B.T.Assistant (Science) in the petitioner School with effect from 01.04.2021 with salary and all other attendant benefits.

For Petitioner : Mr.Isaac Mohanlal, Senior counsel for M/s. Isaac Chambers For Respondents : Mr.S.Saji Bino

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the fourth respondent District Educational Officer to approve forthwith the appointment of Mr.S.Libin Joseph as B.T.Assistant (Science) in the petitioner School with effect from 01.04.2021 with salary and all other attendant benefits.

2. The case of the petitioner is that the petitioner Management appointed one Mr.S.Libin Joseph as B.T.Assistant (Science) with effect from 01.04.2021 and forwarded a proposal to the District Educational Officer, the fourth respondent herein on 05.12.2022, seeking approval of his appointment. Since the said proposal has not been considered, the petitioner has filed the present writ petition seeking the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the fourth respondent to consider the petitioner's proposal dated 05.12.2022 and pass appropriate orders within a reasonable time as fixed by this Court.

4. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs

the fourth respondent to consider the petitioner's proposal dated 05.12.2022 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 01.02.2023 NCC: Yes/No Index : Yes / No Speaking Order : Yes / No akv

To 1.The Secretary, Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai 600 009.

2.The Director of School Education, College Road, Chennai 600 006.

3.The Chief Educational Officer, 4.The District Educational Officer,

M.DHANDAPANI,J.

akv 01.02.2023