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Madras High CourtWP(MD)/2444/2018allowed

The Secretary, v. The State Of Tamil Nadu,

2018-03-09Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.2444 to 2447 of 2018 and W.M.P.(MD).Nos.2649 to 2652 of 2018 The Secretary, Sri Krishnayar Higher Secondary School, Seepalakottai Road, Chinnamanur, Theni District.

...Petitioner in all Petitions

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-600 009.

3.The Joint Director of School Education, College Road, Chennai-600 009.

4.The chief Education Officer, Theni, Theni District.

5.The District Educational Officer, Uthamapalayam, Theni District.

...Respondents in all Petitions

PRAYER in W.P.(MD).No.2444 of 2018: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the fifth respondent District Educational Officer to approve forthwith the appointment of M.Karthick as Office Assistant in the petitioner-school with effect from 06.12.2017, with all attendant benefits including the arrears of salary and allowance.

PRAYER in W.P.(MD).No.2445 of 2018: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the fifth respondent District Educational Officer to approve forthwith the appointment of S.Ramakrishnan as Watchman in the petitioner-school with effect from 06.12.2017, with all attendant benefits including the arrears of salary and allowance.

PRAYER in W.P.(MD).No.2446 of 2018: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the fifth respondent District Educational Officer to approve forthwith the appointment of R.Vasuki as Sweeper in the petitioner-school with effect from 06.12.2017, with all attendant benefits including the arrears of salary and allowance. PRAYER in W.P.(MD).No.2447 of 2018: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the fifth respondent District Educational Officer to approve forthwith the appointment of S.Deepa as Librarian Clerk in the petitioner-school with effect from 06.12.2017, with all attendant benefits including the arrears of salary and allowance. For Petitioner : Mr.K.Prabhu in all Petitions For Respondents : Mr.J.Gunaseelan Muthiah In all Petitions Additional Government Pleader COMMON ORDER Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents.

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

3.The petitioner is a recognized higher secondary school. 4.The petitioner/School Management appointed non teaching staffs. The petitioner appointed the following non teaching staffs:- Serial No Name of the petitioner Name of the Post Date of Appointment 1.

M.Karthick Office Assistant 06.12.2017 2.

S.Ramakrishnan Watchman 06.12.2017 3.

R.Vasuki Sweeper 06.12.2017 4.

S.Deepa Librarian Clerk 06.12.2017 5.Even though, proposal was submitted in this regard, the Authorities are yet to take action in the matter. It is not in dispute that the appointments were made in respect of the sanctioned posts and there is no dispute regarding the eligibility of appointees to hold the said post.

6.This Court directs the fifth respondent in all the cases to approve the aforesaid appointments forthwith. The necessary orders will be issued and grant in aid shall also be disbursed without any delay.

7.The Writ Petitions are allowed accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, School Education Department, Fort.St.George, Chennai.

2.The Director of School Education, College Road, DPI Campus, Chennai.

3.The Joint Director of School Education, College Road, Chennai-600 009.

4.The chief Education Officer, Theni, Theni District.

5.The District Educational Officer, Uthamapalayam, Theni District.

+1CC TO M/S.K.PRABHU, ADVOCATE, SR NO.54784 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.54583 ORDER MADE IN W.P.(MD).Nos.2444 to 2447 of 2018 09.03.2018 tsg MS/SKN-RSK/SAR-3/13.03.2018/3P.8C