The Correspondent, v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.10596 of 2019 and WMP(MD)No.8126 of 2019 The Correspondent, Scott Christian Higher Secondary School, Nagercoil, Kanyakumari District.
... 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, Kanyakumari District.
4.The District Educational Officer, District Educational Office, Thuckalay, Kanyakumari District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to approve the appointment of G.Thanga Geetha in the post of P.G.Assistant in Physics from the date of appointment that is on 01.06.2016 and consequently, direct the respondents to disburse the monetary and other attendant service benefits, including payment of arrears of salary from the date of appointment that is 01.06.2016 with interest within a time frame that may be fixed by this Court by considering the proposal submitted by the correspondent dated 05.05.2017.
For Petitioner : Mr.S.C.Herold Singh For Respondents : Mrs.S.Srimathy, Special Government Pleader
ORDER
The petitioner has come up with the this writ petition seeking writ of Mandamus, directing the respondents to approve the appointment of one G.Thanga Geetha in the post of P.G.Assistant [Physics] and to disburse the monetary and other attendant service benefits, including payment of arrears of salary from the date of her appointment i.e.,01.06.2016 with interest within a time frame fixed by this Court by considering the proposal submitted by the petitioner dated 05.05.2017.
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 learned Counsel for the petitioner submitted that seeking appointment of one G.Thanga Geetha in the post of P.G.Assistant [Physics] from the date of her appointment, i.e., 01.6.2016, the petitioner submitted a proposal dated 05.05.2017 to the respondents. However, the said proposal is kept pending without there being any orders passed. Hence, seeking appropriate direction to the respondents, the present writ petition has been filed. 4.The learned Special Government Pleader appearing for the respondents, on instructions, fairly submitted that the proposal submitted by the petitioner would be considered by the respondents on merits and in accordance with law.
5.In view of the above submission made by the learned Counsel on either side, without going into the merits of the case, the respondents are directed to consider the petitioner's proposal dated 05.05.2017, on merits and in accordance with law, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, the writ petition is disposed of. Sd/- Assistant Registrar // 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, Kanyakumari District.
4.The District Educational Officer, District Educational Office, Thuckalay, Kanyakumari District.
+1 CC to Mr.S.C.HEROLD SINGH, Advocate SR-63492. +1 CC to SPL GP SR-64044.
ORDER MADE IN WP(MD)No.10596 of 2019 27.04.2019 CS: (20/06/2019) 3P 7C