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Madras High CourtWP(MD)/752/2018allowed

K.Sankar, Junior Assistant, v. The Governemnt Of Tamilnadu,

2018-02-12Honourable Mr Justice G.R.Swaminathan4 pages

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

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.752 to 758 of 2018 K.Sankar

...Petitioner in W.P.(MD).No.752 of 2018

R.Thirukkumaran

...Petitioner in W.P.(MD).No.753 of 2018

T.Dharmaraj

...Petitioner in W.P.(MD).No.754 of 2018

R.Dhanapackiyam

...Petitioner in W.P.(MD).No.755 of 2018

V.Muthukumar

...Petitioner in W.P.(MD).No.756 of 2018

K.Shanmugasundaram

...Petitioner in W.P.(MD).No.757 of 2018

S.Madhankumar

...Petitioner in W.P.(MD).No.758 of 2018

Vs.

1. The Government of Tamil Nadu, Represented by the Principal Secretary, School Education Department, Fort St.George, Chennai-600 009.

2. The Director of School Education, D.P.I. Campus, College Road, Nungambakkam, Chennai-600 006.

3. The Chief Educational Officer, Trichy.

4. The District Educational Officer, Trichy.

5. Boiler Plant Boys Higher Secondary School, Represented by its Secretary, Kailasapuram, Trichy-620 014.

... Respondents in all Wps.

Prayer in WP(MD).752/ 2018 : The Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order passed by the fourth respondent in A.Thi.Mu.No.6377/A2/17, dated 30.11.2017, quash the same and direct the respondents to approve the appointment of the petitioner as Junior Assistant in the fifth respondent school with effect from 16.10.2017 with all attendant monetary benefits. Prayer in WP(MD). 753/ 2018 :

of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 4th respondent in A.Thi.Mu.No.6376/A2/17, dated

30.11.2017, quash the same and direct the respondents to approve the appointment of petitioner as Record Clerk in the 5th respondent school with effect from 16.10.2017 with all attendant monetary benefits Prayer in WP(MD). 754/ 2018 :

of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 4th respondent in A.Thi.Mu.No. 6375/A2/17, dated 30.11.2017, quash the same and direct the respondents to approve the appointment of petitioner as Lab Assistant in the 5th respondent school with effect from 16.10.2017 with all attendant monetary benefits.

Prayer in WP(MD). 755/ 2018 :

of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 4th respondent in A.Thi.Mu.No.6374/A2/17 dated 30.11.2017 quash the same and direct the respondents to approve the appointment of petitioner as office Assistant in the 5th respondent school with effect from 16.10.2017 with all attendant monetary benefits.

Prayer in WP(MD). 756/ 2018 :

of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the records pertaining to the impugned order passed by the 4th respondent in A.Thi.Mu.No.6373/A2/17, dt. 30/11/2017, quash the same and direct the respondents to approve the appointment of petitioner as Junior Assistant in the 5th respondent school with effect from 16/10/2107 with all attendant monetary benefits.

Prayer in WP(MD). 757/ 2018 :

of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 4th respondent in A.Thi.Mu.No.6371/A2/17, dated 30.11.2017, quash the same and direct the respondents to approve the appointment of petitioner as Scavenger in the 5th respondent school with effect from 16.10.2017 with all attendant monetary benefits

Prayer in WP(MD). 758/ 2018 :

of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 4th respondent in A.Thi.Mu.No. 6372/A2/17, dated 30.11.2017, quash the same and direct the respondents to approve the appointment of petitioner as Sweeper in the 5th respondent school with effect from 16.10.2017 with all attendant monetary benefits.

For Petitioner : Mr.R.Subramanian For Respondents : Mrs.S.Srimathy for R1 to R4 Special Government Pleader : No appearance for R5 COMMON ORDER Heard the learned counsel on either side.

2.By consent of both parties, the main Writ Petitions themselves are taken up for final disposal.

3.The petitioners in all these cases were appointed in various non teaching posts in the fifth respondent school. It is not in dispute that the appointments were made in respect of sanctioned posts. It is also not in dispute that they are eligible to be so appointed. Therefore, there cannot be any impediment for granting approval for the petitioners appointments and disbursement of the consequential benefits. In this view of the matter, the orders impugned in these Writ Petitions stand quashed. 4.The fourth respondent is directed to grant approval for the petitioners appointment and also disburse the monetary and consequential benefits forthwith and without any further delay. 5.These Writ Petitions stand allowed accordingly. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary Government of Tamil Nadu,, School Education Department, Fort St.George, Chennai-600 009.

2. The Director of School Education, D.P.I. Campus, College Road, Nungambakkam, Chennai-600 006.

3. The Chief Educational Officer, Trichy.

4. The District Educational Officer, Trichy.

+7cc to Mr.R.Subramanian, Advocate Sr.No.47966 +1cc to The Spl. Government Pleader Sr.No.48601 TSG VB/SV/MMS/SAR2/07/05/2018/4P/13C W.P.(MD).No.752 to 758 of 2018 12.02.2018