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Madras High CourtWP(MD)/2762/2020disposed of

R. Devi Muthumari v. The Chief Educational Officer

2020-03-09Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD)No.2762 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.2762 of 2020 R.Devi Muthumari ... Petitioner vs.

1) The Chief Educational Officer, Thoothukudi.

2) The District Educational Officer, Tiruchendur.

3) The Secretary, Valliammaiyar Girls Higher Secondary School, Kulasekarapattinam, Tiruchendur Taluk, Thoothukudi District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant permission for the appointment of the Petitioner to the post of B.T. Assistant (Mathematics) in the 3rd respondent school on considering the proposal of the 3rd respondent dated 15.10.2005 and the consequent representation dated 13.04.2019. For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.A.Thiyagarajan, Government Advocate

ORDER

The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the respondents to grant permission for the appointment of the Petitioner to the post of B.T. Assistant (Mathematics) in the 3rd respondent school on considering the proposal of the 3rd respondent dated 15.10.2005 and the consequent representation dated 13.04.2019.

2.The petitioner would submit that the post of B.T. Assistant (Mathematics) fell vacant in the 3rd respondent school from 01.06.2005 due to the promotion of the then incumbent and the school is seeking permission from the authorities to fill up the said https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.2762 of 2020 vacancy. While so, the 3rd respondent appointed the petitioner in the said vacancy on temporary basis on 01.09.2014 and is paying nominal salary from its own funds. The 3rd respondent sent proposal dated 15.10.2005 to the authorities to grant permission to fill up the said post. Since no order was passed, the 3rd respondent made a representation dated 13.04.2019 seeking permission to fill up the post. As no order is passed either on the proposal or the representation, the petitioner has filed this writ petition. 3.Today, when the writ petition is taken up for hearing, learned counsel for the petitioner would state that it is suffice, if a direction is issued to the respondents to pass orders on the representation of the 3rd respondent dated 13.04.2019. 4.The learned Government Advocate appearing for the respondents would state that the respondents will pass orders on the representation of the 3rd respondent dated 13.04.2019 within a time frame to be fixed by this Court.

5.Considering the limited relief sought for and the submission of the learned Government Advocate, this writ petition is disposed of directing the respondents to pass orders on the representation of the 3rd respondent dated 13.04.2019 in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1)The Chief Educational Officer, Thoothukudi. 2)The District Educational Officer, Tiruchendur. +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-10802[F] +1 CC to M/s.Special Govt.Pleader ( SR-10785[F] ORDER MADE IN W.P(MD)No.2762 of 2020 DATED : 09.03.2020 bala SDS (19.03.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2