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Madras High CourtWP(MD)/1540/2018allowed

B.Vijaya v. The Government Of Tamilnadu

2018-02-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.1540 of 2018 B.Vijaya

...Petitioner

Vs.

1. The Government of Tamil Nadu, Represented by the Principal Secretary, School Education Department, Fort St.George, Chennai-600 009.

2. The Director of School Education, D.P.I. Campus, College Road, Nungambakkam, Chennai-600 006.

3. The Chief Educational Officer, Trichirappalli.

4. The District Educational Officer, Tiruchirappalli.

5. Savitri Vidyasala Hindu Girls Higher Secondary School, Represented by its Secretary, Tiruchirappalli-620 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the fourth respondent in O.Mu.No.7092/A4/2017, dated 12.12.2017, quash the same and direct the respondents 1 to 4 to approve the appointment of petitioner as Scavenger in the fifth respondent school with effect from 04.12.2017 with all attendant monetary benefits. For Petitioner : Mr.R.Subramanian For Respondents : Mr.M.Jeyakumar for R1 to R4 Additional Government Pleader : No Appearance for R5 https://hcservices.ecourts.gov.in/hcservices/

ORDER

Heard the learned counsel on either side.

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

3.The petitioner was appointed as Scavenger in the fifth respondent/School. It is not in dispute that the appointment is in respect of a sanctioned vacancy. It is also not in dispute that the petitioner is entitled to be appointed so. Even though, the petitioner was appointed on 04.12.2017 the fourth respondent has chosen to decline approval. The reasons assigned in the impugned order is not correct. The order impugned in the Writ Petition stands quashed.

4.The fourth respondent is directed to approve the appointment of the petitioner as Scavenger in the fifth respondent/School with effect from 04.12.2017 with all attendant and monetary benefits without any further delay.

5.The Writ Petition stands allowed accordingly. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary, Government of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.

2. The Director of School Education, D.P.I. Campus, College Road, Nungambakkam, Chennai-600 006.

3. The Chief Educational Officer, Trichirappalli.

4. The District Educational Officer, Tiruchirappalli.

+1cc to Mr.R.Subramanian, Advocate Sr.No.49772 TSG VB/SV/MMS/SAR1/22.02.2018/2P/6C W.P.(MD).No.1540 of 2018 20.02.2018 https://hcservices.ecourts.gov.in/hcservices/