Esakiammal D/O Manthiram, v. The Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4362 of 2018 Esakiammal ... Petitioner Vs.

1. The Secretary, Department of School Education, State of Tamil Nadu, Secretariat, Fort St. George, Chennai-9.

2. The Director of School Education, DPI Campus, Chennai-6.

3. The District Educational Officer, Thoothukudi District, Thoothukudi.

4. The Correspondent, Bishop Azariah Memorial Higher Secondary School, Vellalanvilai, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to approve petitioner's appointment as Sweeper in 4th respondent school from the date of the petitioner appointment on 04.05.2017 and to pay all the service and monetary benefits within stipulated time. For Petitioner : Mr.S.Packiaraj For Respondents 1 to 3 : Mrs.S.Srimathy Special Government Pleader For 4th Respondent : No appearance

ORDER

Heard the learned counsel on either side.

2.By consent of both the parties, the main Writ Petition itself is taken up for final disposal.

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3.The petitioner was appointed as Sweeper in the fourth respondent school. The fourth respondent school is an aided institution. It is not in dispute that the petitioner was appointed in a sanctioned post. It is also not in dispute that the petitioner is eligible to hold the said post. She is having the requisite qualification. The authorities were therefore not right in declining to grant approval to the petitioner. 4.The order impugned in the Writ Petition stands quashed. The third respondent is directed to approve the appointment of the petitioner in the fourth respondent school from the date on which the petitioner was so appointed. The third respondent is directed to release the grant in aid towards salary and other attendant and monetary benefits thereafter.

5.The Writ Petition stands allowed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The Secretary, Department of School Education, State of Tamil Nadu, Secretariat, Fort St. George, Chennai-9.

2. The Director of School Education, DPI Campus, Chennai-6.

3. The District Educational Officer, Thoothukudi District, Thoothukudi.

+1cc to Mr.T.A.EBENEZAR, Advocate SR.No.58220 +1cc to the Spl. Government pleader SR.59232 tsg VE/SKN/RSK/SAR 4/04/06/2018/2P/6C W.P.(MD)No.4362 of 2018 27.03.2018 https://hcservices.ecourts.gov.in/hcservices/