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Madras High CourtWP(MD)/3543/2018allowed

M.Poongodi v. The District Elementary

2018-03-21Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.3543 of 2018 M.Poongodi

...Petitioner

Vs.

1.The District Elementary Educational Officer, Virudhunagar District, Virudhunagar.

2.The Additional Assistant Elementary Educational Officer, Rajapalayam, Virudhunagar District.

3.Indira Piriatharisini Primary School, Represented by its Secretary / Correspondent, 78, Weavers' Colony, K.R.Nagar (Post), Rajapalayam, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondent to approve the appointment of the petitioner - Poongodi in the 3rd respondent school as the Secondary Grade Teacher with effect from 11.10.2017 and pay salary with arrears since then with all attendant and consequential monetary and service benefits. For Petitioner : Mr.C.Murugavel For R-1 & R-2 : Mr.J.Gunaseelan Muthiah Additional Government Pleader For R-3 : Mr.P.Prabhu

ORDER

Heard the learned counsel on either side.

2.The petitioner was appointed as Secondary Grade Teacher in the third respondent school on 11.10.2017. It is not in dispute that the appointment was made in respect of sanctioned post and the petitioner is also possessing the requisite eligibility qualification. More than anything else, in this case the Management https://hcservices.ecourts.gov.in/hcservices/

has also obtained prior permission on 14.09.2017 itself. Therefore, there cannot be any impediment for according approval of the petitioner's appointment.

3.The first respondent is directed to approve the petitioner's appointment as Secondary Grade Teacher in the third respondent school with effect from 11.10.2017 and disburse the grant in aid towards salary and other benefits immediately and without any further delay and in any event, within a period of four weeks from the date of receipt of a copy of this order. No costs. 4.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The District Elementary Educational Officer, Virudhunagar District, Virudhunagar.

2.The Additional Assistant Elementary Educational Officer, Rajapalayam, Virudhunagar District.

+1cc to Mr.N.Dilip Kumar, Advocate, SR.No.56889 +1cc to The Special Government Pleader, SR.No.57328 tsg RL/5C/2P/KK/SAR1/28/4/2018 W.P.(MD).No.3543 of 2018 21.03.2018 https://hcservices.ecourts.gov.in/hcservices/