K.V.Pushpam v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) Nos. 890 to 892 of 2018 K.V.Pushpam .. Petitioner in W.P.(MD).No.890 of 2018 S.Chellammal .. Petitioner in W.P.(MD).No.891 of 2018 V.Gomathi @ Shanthi .. Petitioner in W.P.(MD).No.892 of 2018 Vs.

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

2. The District Educational Officer, Srivilliputhur, Virudhunagar District

3. The Secretary, P.A.C.R.Ammani Ammal's Girls Higher Secondary School, Rajapalayam.

.. Respondents in all the Writ Petitions PRAYER IN W.P.(MD).No.890 of 2018: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for entire records connected with the impugned order passed by the second respondent in O.Mu.No.4950/A3/2017, dated 20.12.2017 and quash the same and directing the second respondent to approve the appointment of the petitioner as Lab Assistant in the third respondent/School namely P.A.C.R. Ammani Ammal's Girls Higher Secondary School, Rajapalayam with all consequential monetary benefits and salary with effect from 13.11.2017.

PRAYER IN W.P.(MD).No.891 of 2018: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for entire records connected with the impugned order passed by the second respondent in O.Mu.No.4951/A3/2017, dated 20.12.2017 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 P.A.C.R. Ammani Ammal's Girls Higher Secondary School, Rajapalayam with all consequential monetary benefits and salary with effect from 13.11.2017 in the light of Judgment reported in 2016 - 3- L.W. 152, dated 15.03.2016.

PRAYER IN W.P.(MD).No.892 of 2018: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for entire records connected with the impugned order passed by the second respondent in O.Mu.No.4951/A3/2017, dated 20.12.2017 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 P.A.C.R. Ammani Ammal's Girls Higher Secondary School, Rajapalayam with all consequential monetary benefits and salary with effect from 13.11.2017 in the light of Judgment reported in 2016 - 3- L.W. 152, dated 15.03.2016.

For petitioner : Mr.K.K.Kannan in all Wps For Respondents Nos.1 & 2 : Mrs.S.Srimathy Special Government Pleader For Respondent No.3 : No appearance ******

O R D E R

*********** Heard the learned Counsel on either side.

2. The petitioners in these writ petitions were appointed in a non-teaching post in the third respondent/School. The proposal was submitted by the management of the said School for approval. The second respondent however rejected the same. Hence this writ petitions have been filed.

3. It is not in dispute that the vacancies in respect of which the appointments were made arose in sanctioned posts. It is also not in dispute that the petitioners are eligible to be so appointed. Therefore the second respondent was in error in rejecting the proposals. The orders impugned in these writ petitions stand quashed.

4. This Court directs the second respondent to approve the appointment of the writ petitioners from the date when they were appointed and also disburse the salary grant and other consequential monetary benefits forthwith and without any delay.

5. These Writ Petitions are allowed accordingly. No costs. Sd/- Assistant Registrar(T&P) /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.

+ 3 ccs TO Mr.K.K.Kannan , Advocate in SR No. 48906 + 1 cc TO The Special Government Pleader in SR No. 49337 kmi AE/RSK/SAR1/04.05.2018/3P/7C ORDER MADE IN W.P.(MD).No.890 to 892 of 2018 14.02.2018