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Madras High CourtWP(MD)/10460/2019disposed of

Sbk Higher Secondary School v. The Chief Educational Officer,

2019-04-26Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.10460 of 2019 SBK Higher Secondary School, represented by its Secretary, Kallurani - 626 105, Virudhunagar District.

... Petitioner vs.

1.The Chief Educational Officer, Virudhunagar District.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to approve the appointment of B.Mariammal as Physical Education Teacher from the date of appointment i.e. from 10.08.2018, as per the proposal submitted by the petitioner, dated 08.10.2018 and confer all the consequential benefits.

For Petitioner : Mr.V.Panneerselvam For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

The Writ Petition is filed seeking a direction to the respondents to approve the appointment of B.Mariammal as Physical Education Teacher from the date of appointment i.e. from 10.08.2018, as per the proposal submitted by the petitioner, dated 08.10.2018 and confer all the consequential benefits.

2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader, who takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that since the post of Physical Education Teacher became vacant in the petitioner School, after getting prior permission from the first respondent, the management appointed one B.Mariammal as Physical Education Teacher. Subsequently, the management sent a proposal on 08.10.2018 seeking https://hcservices.ecourts.gov.in/hcservices/

approval of the said appointment. However, the same has not been considered so far. Therefore, the petitioner has approached this Court by filing this Writ Petition.

4. The learned Special Government Pleader appearing for the respondents submitted that the proposal submitted by the petitioner would be considered by the respondents, on merits, within a time frame as fixed by this Court.

5. Considering the nature of the relief sought for by the petitioner, without going into the merits of the case, the respondents are directed to consider the proposal sent by the petitioner dated 08.10.2018 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) ssl To 1.The Chief Educational Officer, Virudhunagar District.

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

+1 CC to M/s.V.PANNEER SELVAM,Advocate(SR-63250[F] dated 27/04/2019) +1 CC to M/s.SPL GP ( SR-64060[F] dated 29/04/2019 ) W.P(MD)No.10460 of 2019 26.04.2019 ES/16.05.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/