Madras High CourtWP(MD)/6887/2018allowed

V.Delfinkezia Seema v. The Director Of School

2018-03-28Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6887 of 2018 V.Delfinkezia Seema ... Petitioner -Vs1. The Director of School Education, DPI Campus, College Road, Chennai-600 006.

2. The District Elementary Educational Officer, District Elementary Educational Office, Melur, Madurai District.

3. The Assistant Elementary Educational Officer, Assistant Elementary Educational Office, Melur, Madurai District.

4. The Correspondent, LBN Girls (Special) Higher Secondary School, Ratchaniyapuram, Madurai-625 007.

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to approve the appointment of the petitioner with effect from the date of appointment i.e., 13.11.2014 and direct the second respondent to disburse the salary of the petitioner for the period from 13.11.2014 to June, 2016.

For Petitioner : Mr.C.Fernadas Rathinaraja For Respondents : Mr.M.Jeyakumar, 1 to 3 Additional Government Pleader.

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 at the stage of admission. https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner was appointed as Secondary Grade Assistant

Teacher in the fourth respondent school. The fourth respondent school is the Government Aided and Minority 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 are therefore not right in declining to grant approval to the petitioner herein.

4.The order impugned in the Writ Petition stands quashed. The second 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 second 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(RTI) /True Copy/ Sub Assistant Registrar To

1. The Director of School Education, DPI Campus, College Road, Chennai-600 006.

2. The District Elementary Educational Officer, District Elementary Educational Office, Melur, Madurai District.

3. The Assistant Elementary Educational Officer, Assistant Elementary Educational Office, Melur, Madurai District.

+ 1 cc TO Mr.C.Fernadas Rathinaraja , Advocate in SR No. 59161 + 1 cc TO The Special Government Pleader in SR No. 59460 tsg AE/MK/SKN RSK/SAR1/01.06.2018/2P/6C W.P.(MD)No.6887 of 2018 28.03.2018 https://hcservices.ecourts.gov.in/hcservices/