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Madras High CourtWP(MD)/3046/2025disposed of

Y.Jinisha v. The Director Of School Education

2025-03-19Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2025

CORAM:

THE HON'BLE MR.JUSTICE BATTU DEVANAND and W.M.P(MD)No.2118 of 2025 Y.Jinisha ... Petitioner Vs.

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

2. The Chief Educational Officer, Kanyakumari District at Nagercoil - 629 001.

3. The District Educational Officer (Secondary), Nagercoil, Kanyakumari District.

4. The Correspondent, LMS Higher Secondary School, James Town - 629 401, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to approve the appointment of petitioner as PG Assistant in Chemistry in the 4th respondent school namely, LMS Higher Secondary School, James Town, Kanyakumari District w.e.f., 26.09.2024, and disburse grant-in-aid towards her salary and other allowances.

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For Petitioner : Mr.S.Xavier Rajini For R1 to R3 : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents to approve the appointment of the petitioner as PG Assistant in Chemistry in the 4th respondent school and disburse the grant aid towards her salary and other allowances.

2. According to the petitioner, she was appointed as PG Assistant in Chemistry in the 4th respondent school on 26.09.2024 in the vacancy aroused due to retirement of the then incumbent Mr.P.Davidson on 31.08.2024. Thereafter, the 4th respondent school sent a proposal for approval of the appointment of the petitioner on 21.10.2024. Aggrieved by the action of the respondents 2 and 3 in granting approval for the appointment of the petitioner, the present petition has been filed. 2/6

3. During the course of hearing, learned Additional Government Pleader appearing for the respondent 1 to 3 on instructions submits that the proposal sent by the 3rd respondent has been returned on 29.01.2025 raising certain deficiencies.

4. The learned Additional Government Pleader contended that now no proposal is pending with them as such granting approval of the petitioner at this stage does not arise.

5. Considering the facts and circumstances of the case, it appears that the proposal sent by the 4th respondent school on 26.09.2024 has been returned by the respondent no.2 on 29.01.2025. Now the 4th respondent school has to resubmit the same.

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6. Considering the facts and circumstances of the case, the writ petition is disposed of with the following directions:- i. The 4th respondent school shall resubmit the proposal for approval of the appointment of the petitioner as PG Assistant forthwith;

ii. On resubmission of the said proposal, the 2nd respondent shall grant approval for the appointment of the petitioner as PG Assistant in the 4th respondent school and disburse grant in aid towards her salary and other allowances by following due process of law within a period of four weeks thereafter. iii. The writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

19.03.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

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

2. The Chief Educational Officer, Kanyakumari District at Nagercoil - 629 001.

3. The District Educational Officer (Secondary), Nagercoil, Kanyakumari District.

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BATTU DEVANAND, J.

rgm and W.M.P(MD)No.2118 of 2025 19.03.2025 6/6