The Secretary v. The State Of Tamil Nadu

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

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4680 of 2018 and W.M.P.(MD)Nos.4745 and 4746 of 2018 The Secretary, D.D.Vinayagar Higher Secondary School, Vellipatinam, Ramanathapuram, Ramanathapuram District - 623504.

... Petitioner 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, Ramanathapuram, Ramanathapuram District.

5. The District Educational Officer, ... Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding issued by the 5th respondent, District Educational Officer in O.Mu.No.13/A2/18 dated 18/01/2018 quash the same and further direct the 5th respondent to approve forthwith the appointment of M.Muthukumar as Sweeper in the petitioner's School w.e.f. the date of his appointment viz., 09/10/2017 with all attendant benefits including the arrears of salary and allowances.

For Petitioner : Mr.K.Prabhu for M/s.Isaac Chambers For Respondents : Mr.K.Saravanan Government Advocate

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.

3.One M.Muthukumar, was appointed as Sweeper in the petitioner's School on 09.10.2017.

4.It is not in dispute that the appointment was made in respect of a sanctioned post and the petitioner is also possessing the requisite eligibility qualification.

Therefore, the fifth respondent was not justified in declining approval on the ground that prior permission was not obtained.

5.This Court has held in a catena of decisions that such prior permission need not be obtained. Therefore, the impugned order stands quashed. The fifth respondent is therefore directed to approve the appointment of said M.Muthukumar, as Sweeper in the petitioner's school with effect from 09.10.2017. The fifth respondent is also directed to disburse the grant in aid towards salary and other benefits immediately without any delay. 6.The Writ Petition stands allowed accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The 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,

5. The District Educational Officer, + 1 CC TO M/s.ISAAC CHAMBERS, IN SR No. 58889 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 59275 TSG TE/SV-MMS/SAR-4 : 31/05/2018 : 3P/8C W.P.(MD)No.4680 of 2018 27.03.2018