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Madras High CourtWP(MD)/1126/2018allowed

S.Vasan, v. The State Of Tamil Nadu

2018-02-16Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.1126 of 2018 and W.M.P.(MD).No.1185 of 2018 S.Vasan

...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, Kanyakumari District, Nagercoil-629 001.

4.The District Educational Officer, Nagercoil-629 001, Kanyakumari District.

5.The Corporate Manager, CSI Corporate Schools, CSI Diocese of Kanyakumari, No.71 A, Dennis Street, Nagercoil-629 001.

6.The Correspondent, Scott Christian Higher Secondary School, Nagercoil, Kanyakumari District.

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the fourth respondent District Educational Officer to approve forthwith the appointment of the petitioner as Office Assistant with effect from 27.06.2017 in the sixth respondent school namely, Scott Christian Higher Secondary School, Nagercoil, with all attendant benefits including arrears of salary and allowances.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr..Jeyakumar for R1 to R4 Additional Government Pleader : R5 & R6-No Appearance ***

ORDER

Heard the learned counsel on either side.

By consent of both the parties, the main Writ Petition itself is taken up for final disposal.

2.The petitioner was appointed in the sixth respondent/School as Office Assistant on 27.06.2017. It is not in dispute that the appointment was made in respect of a sanctioned post. It is also not in dispute that the petitioner is so eligible to be appointed. Therefore, there cannot be any impediment for approving the said appointment.

3.The fourth respondent is therefore directed to approve the appointment of the petitioner as Office Assistant in the sixth respondent school with effect from 27.06.2017 with all attendant benefits, without any delay, forthwith.

4.The Writ petition is allowed accordingly. No costs. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Secretary, The State 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, Kanyakumri District, Nagercoil-629 00.

4.The District Educational Officer, Nagercoil-629 001, Kanyakumari District.

+1CC to Mr.S.Xavier Rajini, Advocate, SR.No. 49589 +1CC to the Special Government Pleader SR.No.49653 ORDER MADE IN W.P.(MD).No.1126 of 2018 16.02.2018 tsg AM/KK/SAR 1/27.04.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/