T.Justin Raj, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.1153 of 2018 and W.M.P.(MD).No.1233 of 2018 T.Justin Raj

...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 Night Watchman with effect from 20.05.2016 in the sixth respondent school namely, Scott Christian Higher Secondary School, Nagercoil, with all attendant benefits including arrears of salary and allowances.

For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.K.Saravanan for R1 to R4 Government Advocate : R5 & R6-No Appearance https://hcservices.ecourts.gov.in/hcservices/

ORDER

Heard the learned counsel on either side.

2.The petitioner was appointed in the sixth respondent/School as Night Watchman on 20.05.2016. 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 Night Watchman in the sixth respondent school with effect from 20.05.2016 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(T&P) /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 M/S.S.Xavier Rajini, Advocate SR.No. 49590 +1cc to Special Government Pleader, SR.No. 49650 ORDER MADE IN W.P.(MD).No.1153 of 2018 16.02.2018 https://hcservices.ecourts.gov.in/hcservices/ tsg JM/RSK/SAR 1/03.05.2018/2P/7C