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Madras High CourtWP(MD)/2766/2020disposed of

M. Santhi v. The Chief Educational Officer

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

W.P(MD)No.2766 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.2766 of 2020 M.Santhi ... 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 1 and 2 to grant approval to the petitioner's appointment as Record Clerk in the 3rd respondent school by the proceedings of the 3rd respondent dated 18.03.2019 by considering the proposal submitted by the 3rd respondent to the 2nd under Letter No.333 dated 27.11.2019.

For Petitioners : 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 1 and 2 to grant approval to the petitioner's appointment as Record Clerk in the 3rd respondent school by the proceedings of the 3rd respondent dated 18.03.2019 by considering the proposal submitted by the 3rd respondent to the 2nd under Letter No.333 dated 27.11.2019.

2.The petitioner would submit that she was appointed as Junior Assistant in the sanctioned post in the training institution run by https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.2766 of 2020 the 3rd respondent Trust and aided by the Government. The said training institution was later on, closed due to financial difficulties and the petitioner was transferred to the 3rd respondent school and posted as Record Clerk in the existing vacancy. According to the petitioner, the post of Record Clerk is not lower cadre than the post of Junior Assistant. The 3rd respondent sent proposal dated 27.11.2019 to the respondents for approval of her appointment. Since no order is passed thereon, 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 proposal of the 3rd respondent dated 27.11.2019. 4.The learned Government Advocate appearing for the respondents would state that the respondents will pass orders on the proposal of the 3rd respondent dated 27.11.2019 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 proposal of the 3rd respondent dated 27.11.2019 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-10801[F] +1 CC to M/s.Special Govt.Pleader ( SR-10759[F] ORDER MADE IN W.P(MD)No.2766 of 2020 DATED : 09.03.2020 bala SDS (19.03.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2