Hindu Higher Secondary School v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) Nos. 396 & 397 of 2018 Hindu Higher Secondary School, Rep. by its Secretary, Alwarthirunagari - 628 612, Alwarthirunagari, Thoothukudi Distirct.

.. Petitioner in both Writ Petitions Vs.

1. The State of Tamil Nadu, Rep. by its Secretary, Department of Social Education, Fort St. George, Chennai - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Chief Educational Officer,

4. The District Educational Officer, Thoothukudi District, Thoothukudi. .. Respondents in both Writ Petitions PRAYER IN W.P. (MD) No. 396 of 2018 : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the fourth respondent herein to approve forthwith the appointment of M.Alagumari as Waterman in the petitioner/School from 11.09.2017 onwards with salary and other attendant benefits. PRAYER IN W.P. (MD) No. 397 of 2018 : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the fourth respondent herein to approve forthwith the appointment of N.Paramasivan as Gardener cum Sweeper in the petitioner/School from 11.09.2017 onwards with salary and other attendant benefits.

For petitioner : Mr. E.V.N.Siva (in both Writ Petitions) For respondents : Mr. J.Gunaseelan Muthiah Additional Government Pleader (in both Writ Petitions) ******

COMMON ORDER ******************** Heard the learned counsel appearing for the petitioner and learned Additional Government Pleader appearing for the respondents.

2. The writ petitioner is a recognised aided School. It appointed one Alagumari as waterman with effect from 11.09.2017. It appointed one Paramasivan as Gardener-cum-Sweeper in the same date. The proposals were submitted to the fourth respondent for approving the aforesaid appointments. Since there was no action taken thereon, the present writ petitions have came to be filed.

3. When the matter was taken up for hearing, Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader appearing for the respondents fairly submitted that the appointees are eligible and appointments were made in respect of the sanctioned vacancies. Therefore, there cannot be any impediment for directing the fourth respondent to grant approval and also disburse the salary grant and other benefits to the appointees in question.

The fourth respondent shall issue appropriate proceedings in this regard within a period of eight weeks from the date of receipt of a copy of this order.

4. These Writ petitions are allowed, accordingly. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To:

1. The Secretary to Government, State of Tamil Nadu, Department of Social Education, Fort St. George, Chennai - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Chief Educational Officer,

4.The District Educational Officer, + 2 ccs TO Mr.E.V.N.Siva , Advocate in SR Nos. 43921,43922 kmi AE.SKN RSK/SAR1/01.03.2018/3P/7C COMMON ORDER MADE IN W.P. (MD) Nos. 396 & 397 of 2018 24.01.2018