Jenitta Ponsilin v. The Secretary To The Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).Nos.4207 and 4208 of 2020 Jenitta Ponsilin ... Petitioner Vs.
1.The Secretary to Government, Department of School Education, St. George Fort, Chennai.
2.The Director of School Education, DPI Compound, College Road, Chennai.
3.The District Educational Officer, Tirunelveli, Tirunelveli District.
4.The Block Educational Officer, Palayamkottai (Rural), Tirunelveli District.
5.The Correspondent, TDTA Primary and Middle School, Alwaneri Pastrate, Tirunelveli District.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned staff fixation report of the year 2016-2017 issued by the 3rd respondent dated 21.03.2017 and subsequent impugned order passed in Na.Ka.No.1909/Aa1/2018 dated 29.01.2019 by the 4th respondent and quash the same and consequently direct the respondents to approve the appointment of the petitioner as Pre-Vocational instructor (sewing) in the 5th respondent school with all other consequential service and monitory benefits with effect from 01.09.2017 within a stipulated time.
For Petitioner : Mr.S.Chellapandian For R1 to R4 : Mr.J.Ashok Additional Government Pleader
O R D E R
This writ petition has been filed challenging the impugned staff fixation report of the year 2016-2017 issued by the 3rd respondent dated 21.03.2017 and subsequent impugned order passed in Na.Ka.No. 1909/Aa1/2018, dated 29.01.2019, by the 4th respondent and to quash the same and consequently direct the respondents to approve the appointment of the petitioner as Pre-Vocational Instructor (Sewing) in the 5th respondent school with all other consequential, service and monitory benefits with effect from 01.09.2017 within a stipulated time.
2. The case of the petitioner is that she was appointed as Vocational Instructor (Sewing) in the fifth respondent School on 01.09.2017. Thereafter, the fifth respondent School forwarded the petitioner's appointment proposal for approval to the third respondent through the fourth respondent. But the fourth respondent has returned the proposal on 29.01.2019, stating that to resubmit the proposal in terms of the letter dated 09.04.2018. However, the said letter dated 09.04.2018 was not
communicated to the petitioner. Hence, the present writ petition has been filed.
3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the fourth respondent to furnish the letter dated 09.04.2018, to the petitioner to enable her to resubmit the proposal.
4. Heard the learned counsel for the petitioner and learned Additional Government Pleader appearing for the respondents 1 to 4.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the fourth respondent to furnish the copy of the letter dated 09.04.2018, to the petitioner within a period of two weeks from the date of receipt of a copy of this order and after receipt of the same, the petitioner is directed to resubmit the proposal to the fourth respondent as per the letter dated 09.04.2018, within a period of six weeks. Thereafter, the fourth respondent
is directed to pass appropriate orders, on merits and in accordance with law.
6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 19.01.2023 NCC: Yes/No Index : Yes / No Speaking Order : Yes / No akv
To 1.The Secretary to Government, Department of School Education, St. George Fort, Chennai.
2.The Director of School Education, DPI Compound, College Road, Chennai.
3.The District Educational Officer, Tirunelveli, Tirunelveli District.
4.The Block Educational Officer, Palayamkottai (Rural), Tirunelveli District.
M.DHANDAPANI,J.
akv 19.01.2023