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Madras High CourtWP(MD)/1642/2018allowed

E.Natarajan v. The Government Of Tamilnadu

2018-02-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.1642 to 1644 of 2018 E.Natarajan

...Petitioner in W.P.(MD).No.1642 of 2018

S.Nishanthini

...Petitioner in W.P.(MD).No.1643 of 2018

T.Dhanasekaran

...Petitioner in W.P.(MD).No.1644 of 2018

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, Musiri, Trichy District.

5.Zamindar's Higher Secondary School, Represented by its Secretary, Thuraiyar-621 010, Trichy District.

...Respondents in all Petitions

COMMON PRAYER: Writ petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the fourth respondent in Moo.Mu.8411/Aa4/2017, Moo.Mu.8413/Aa4/2017, Moo.Mu.8412/Aa4/2017, dated 28.12.2017 quash the same and direct the respondents 1 to 4 to approve the appointment of petitioners as Record Clerk, Junior Assistant and Lab Assistant in the fifth respondent school with effect from 23.11.2017 with all attendant monetary benefits.

For Petitioners : Mr.R.Subramanian in all petitions For R1 to R4 : Mr.J.Gunaseelan Muthiah Additional Government Pleader in all Petitions For R5 : No Appearance *** https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER Heard the learned counsel on either side.

2.By consent of both the parties, the main Writ Petitions themselves are taken up for final disposal.

3.The petitioners were appointed as non teaching staff in the fifth respondent school. The fifth respondent school is an aided institution. It is not in dispute that the petitioners were appointed in respect of sanctioned posts. It is also not in dispute that the petitioners are eligible to hold the said posts. They are having the requisite qualification. The authorities were therefore not right in declining to grant approval to the petitioners. 4.The orders impugned in these Writ Petitions stand quashed. The fourth respondent is directed to approve the appointment of the petitioners in the fifth respondent school from the dates on which they were so appointed. The fourth respondent is directed to release the grant in aid towards salary and other attendant and monetary benefits thereafter.

5.The Writ Petitions stand allowed. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Principal Secretary, The 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, Musiri, Trichy District.

+3ccs to M/s.R.Subramanian, Advocate, SR.No.48208 +One cc to The Special Government Pleader, SR.No.48845 tsg RL/9C/2P/CVC/SAR1/2/4/2018 ORDER MADE IN https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD).Nos.1642 to 1644 of 2018 13.02.2018