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Madras High CourtWP(MD)/4907/2020disposed of

R.Jino Robert v. The State Of Tamil Nadu

2020-03-09Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and W.M.P(MD).No.4271 of 2020 R.Jino Robert ... 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 Nagercoil, Kanyakumari District 4.The District Educational Officer Thiruvattar, Kanyakumari District 5.The Correspondent Arunachalam Higher Secondary School Thiruvattar 629 177 Kanyakumari District ... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 3rd respondent Chief Educational Officer herein to approve forthwith the appointment of the petitioner as Physical Education Teacher in the 5th respondent School and disburse the grant-in-aid towards his salary and allowances with all attendant benefits w.e.f. the date of his appointment ie. 12.07.2018. For petitioner : Mr.A.Amala For Respondents : Mr.N.Shanmugaselvan Additional Government Pleader 1/3

ORDER

This Writ Petition has been filed for a direction to the 3rd respondent Chief Educational Officer herein to approve forthwith the appointment of the petitioner as Physical Education Teacher in the 5th respondent School and disburse the grant-in-aid towards his salary and allowances with all attendant benefits w.e.f. the date of his appointment ie. 12.07.2018.

2. By consent, the Writ Petition itself is taken up for final disposal.

3.The learned counsel for the petitioner would submit that the fifth respondent School is a recognized Linguistic Minority Educational Institution and the petitioner was working as Drawing Teacher in the said School. In this circumstance, one post of Physical Education Teacher fell vacant due to the resignation of previous incumbent Mr.M.Daniel on 30.06.2018. In that vacancy, the petitioner was appointed as Physical Education Teacher in the fifth respondent School. Thereafter, the fifth respondent School sent a proposal, dated 11.09.2019 to the fourth respondent for approval and to disburse grant-in-aid towards his salary. The fourth respondent vide his proceedings in O.Mu.No.2717/a2/2019, dated 19.12.2019, directed the School to resubmit the proposal after complying the defects cited. Accordingly, the fifth respondent School re-submitted the proposal along with documents required by the fourth respondent. Ever after repeated requests made by the School, the respondents 4 and 5 have not passed any order. Aggrieved over the same, the petitioner is before this Court.

4. The learned Additional Government Pleader appearing for the respondents would submit that the proposal was returned for want of nine certificates.

5.The learned counsel for the petitioner would submit that the fifth respondent School had re-submitted all the certificates as required by the respondents on 06.02.2020.

6.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents.

7. Considering the facts and circumstances of the case and also considering the submission made by the petitioner that the fifth respondent School already resubmitted the required certificates, the respondents are directed to consider the proposal resubmitted by the fifth respondent School, dated 06.02.2020 and pass order on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 2/3

8. This Writ Petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) msa To 1.The Secretary State of Tamil Nadu Department of School Education Fort. St.George, Chennai 600 009 2.The Director of School Education College Road, Chennai 600 006.02.2020 3.The Chief Educational Officer Nagercoil, Kanyakumari District 4.The District Educational Officer Thiruvattar, Kanyakumari District 5.The Correspondent Arunachalam Higher Secondary School Thiruvattar 629 177 Kanyakumari District +1 CC to M/s.A.AMALA, Advocate ( SR-10746[F] dated 10/03/2020 ) and W.M.P(MD).No.4271 of 2020 09.03.2020 KB(17/03/2020) 3P 7C 3/3