Madras High CourtWP(MD)/13836/2019closed

M.Mariya Theres v. The Chief Educational Officer

2019-06-26Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD)No.13836 of 2019 M.Mariya Theres .. Petitioner Vs.

1. The Chief Educational Officer, Tirunelveli District, Tirunelveli.

2. The District Educational Officer, Valliyoor, Tirunelveli District.

3. The Administrator, India Evangelical Lutheran Church, No.47, Eldams Road, Teynampet, Chennai - 600 018.

4. The Correspondent, Concordia Higher Secondary School, Vadakkankulam, Radhapuram Taluk, Tirunelveli District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to forward the proposal of appointment to the 2nd respondent for approving the petitioner's appointment in the sanctioned post of post Graduate Assistant (Tamil) in the 4th respondent school from the date of her appointment and disburse the salary and arrears accumulated thereon within a time frame as fixed by this Court based on the 4th respondent's representation dated 03.08.2015.

For Petitioner : Mr.S.M.Ananthamurugan for Mr.A.Kesavan For R1 & R2 : Mrs.S.Srimathy Special Government Pleader For R3 : Mr.Mohammed Imran for M/s.Ajmal Associates

ORDER

This writ petition has been filed seeking a direction to the third respondent to forward the proposal of appointment to the second respondent for approving the petitioner's appointment in the sanctioned post of Post Graduate Assistant (Tamil) in the 4th respondent school from the date of her appointment and disburse https://hcservices.ecourts.gov.in/hcservices/

the salary and arrears accumulated thereon, based on the fourth respondent's proposal dated 03.08.2015.

2.Heard the learned counsel appearing on either side. 3.When the matter was taken up for hearing, the learned counsel for the third respondent submitted that pursuant to the direction issued by this Court on 06.03.2019, the third respondent/Administrator - IELC, enquired the claim of one K.S.Prema Anitha and during enquiry, it was stated that the present petitioner is also having the same claim. Therefore, the Administrator directed the present petitioner to appear before him on 06.07.2019.

Further the learned counsel for the third respondent submitted that it was informed by the Administrator that adjudication is going on in respect of the claim of the petitioner and other person and after completion of enquiry, decision will be taken by the Administrator as per the Rules and proposal will be sent to the authority concerned for approval. 4.The issue involved in the present writ petition with regard to approval of appointment of the petitioner is pending before the third respondent. Therefore, pending adjudication, the relief sought by the petitioner cannot be granted. Hence, this writ petition is closed, recording the statement made by the learned counsel for the third respondent. No costs.

1. The Chief Educational Officer, Tirunelveli District, Tirunelveli.

2. The District Educational Officer, Valliyoor, Tirunelveli District.

+ 1 CC to Mr.A.Kesavan, Advocate in SR.No.71618 + 1 CC to Special Government Pleader, SR.No.72137 + 1 CC to M/s.Ajmal Associates, SR.No.71925 W.P(MD)No.13836 of 2019 26.06.2019 KS(04.07.2019) 2 P 6 C https://hcservices.ecourts.gov.in/hcservices/