Madras High CourtWP(MD)/10587/2019disposed of

The Correspondent, v. The State Of Tamil Nadu,

2019-04-27Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.10587 of 2019 and WMP(MD)No.8116 of 2019 The Correspondent, LMS.Girls Higher Secondary School, Neyyoor, ... Petitioner Vs 1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Chief Educational Office, Nagercoil, 4.The District Educational Officer, District Educational Office, Thuckalay, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to approve the appointment of S.Mary Anna Gold in the post of P.G. Assistant in English from the date of appointment that is on 27.07.2018 and consequently direct the respondents to disburse monetary and other attendant service benefits, including payment of arrears of salary from the date of appointment that is 27.07.2018 with interest within a time frame that may be fixed by this Court. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mrs.S.Srimathy, Special Government Pleader

ORDER

This writ petition has been filed seeking a Writ of Mandamus directing the respondents to approve the appointment of one S.Mary Anna Gold in the post of P.G. Assistant (English) and to disburse monetary and other attendant benefits from the date of appointment. 2.Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. By Consent, this writ petition is taken up for final disposal at the stage of admission itself.

3.The learned Counsel appearing for the petitioner submitted that the proposal, seeking appointment of one S.Mary Anna Gold in the post of P.G.Assistant (English), submitted by the petitioner school is kept pending without there being any orders passed, by the 4th respondent, which has necessitated the filing of the writ petition with the above prayer.

4.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the respondents would consider the proposal sent by the petitioner and pass orders on merits.

5.Considering the limited scope of the relief sought for by the petitioner, this Court, without going into the merits of the case, directs the respondents to consider the proposal dated 27.07.2018 submitted by the petitioner school and pass appropriate orders, on merits and in accordance with law, after affording opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of, on the above terms. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Chief Educational Office, Nagercoil,

4.The District Educational Officer, District Educational Office, Thuckalay, +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-63493[F] dated 27/04/2019 ) +1 CC to M/s.SPL GP ( SR-64046[F] dated 29/04/2019 ) ORDER MADE IN WP(MD)No.10587 of 2019 27.04.2019 CS: 15/05/2019/3P/7C