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Madras High CourtWP(MD)/748/2018allowed

M. Lakshmi, v. The Director Of School

2018-02-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.748 of 2018 M.Lakshmi ... Petitioner Vs.

1. The Director of School Education (Secondary), College Road, Chennai-6.

2. The District Educational Officer, Srivilliputhur, Virudhunagar District.

3. The Secretary, Palaniappa Higher Secondary School, Cholapuram South-626 136, Rajapalayam.

... Respondents Prayer: This Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records connected with the impugned order passed by the second respondent in O.Mu.No.5361/A2/2017 dated 22.12.2017 and quash the same and directing the second respondent to approve the appointment of the petitioner as Record Clerk in the third respondent school namely Palaniappa Higher Secondary School, Cholapuram, South-626 136, Rajapalayam with all consequential monetary benefits and salary with effect from 06.11.2017 in the light of the judgment reported in 2016-3-L.W. 152 dated 15.03.2016.

For Petitioner : Mr.K.K.Kannan For Respondents : Mrs.S.Srimathy for R1 & R2 Special Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner was appointed as Record Clerk in the third respondent/School on 06.11.2017. The third respondent school is an aided school. The appointment is in respect of a sanctioned post. The petitioner is holding the requisite qualifications to be so appointed. Therefore, the second respondent is not https://hcservices.ecourts.gov.in/hcservices/

justified in not granting approval. The order impugned in the Writ Petition is therefore quashed.

3.The second respondent is therefore directed to approve the petitioner's appointment as Record Clerk in the third respondent/School with effect from 06.11.2017. The necessary orders will be issued to disburse the consequential benefits forthwith without any further delay.

4.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Director of School Education (Secondary), College Road, Chennai-6.

2. The District Educational Officer, Srivilliputhur, Virudhunagar District.

+2cc to Mr.K.K.Kannan, Advocate Sr.No.48002 TSG MK/RSK/SAR 1/26.06.2018/2P/5C W.P.(MD).No.748 of 2018 12.02.2018 https://hcservices.ecourts.gov.in/hcservices/