G.Thangam v. The Goverment Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No. 2920 of 2018 G.Thangam .. Petitioner Vs.

1.The Government of Tamilnadu, 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, Theni.

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

5.Pankajam Girls Higher Secondary School, Represented by its Secretary, Bodinayakkanur, Theni District.

.. Respondents PRAYER: 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 4th respondent in O.Mu.No.6613/A2/2017, dated 29.01.2018, quash the same and direct the respondents to approve the appointment of petitioner as Record Clerk in the 5th respondent school with effect from 06.12.2017 with all attendant monetary benefits.

For petitioner : Mr.R.Subramanian For respondents : Mrs.Srimathy 1 TO 4 Special Government Pleader

O R D E R

Heard Mr.R.Subramanian, learned Counsel for the petitioner and Mrs.Srimathy, learned Special Government Pleader for the respondents 1 to 4.

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

2.By consent of both parties, the main writ petition is taken up for final disposal at the stage of admission itself. 3.The writ petitioner was appointed as Record Clerk in the 5th respondent school on 06.12.2017. It is not in dispute that he is eligible to be so appointed. It is not in dispute that the appointment of the petitioner is in respect of a sanctioned post. Though the impugned order mentions that communal roster was not followed, this Court is satisfied the communal roster was in fact followed. The vacancy in question is falling under the general category. Therefore, the fourth respondent ought not to have declined approval to the appointment of the petitioner. The impugned order is therefore quashed and the fourth respondent is directed to grant approval to the appointment of the petitioner in the fifth respondent school as Record Clerk with effect from 06.12.2017 forthwith. The grant-in-aid shall be disbursed without any delay.

4.This Writ petition is allowed accordingly. No costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To:

1.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, Theni.

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

+1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.51914 +1CC TO M/S.R.SUBRAMANIAN, ADVOCATE, SR NO.51707 ORDER MADE IN W.P. (MD) No. 2920 of 2018 27.02.2018 sss MS/SKN-RSK/SAR-2/12.03.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/