A.S.Antony Samy v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND A.S.Antony Samy ... Petitioner Vs.
1.The Chief Educational Officer O/o.The Chief Educational Officer, Tirunelveli District.
2.The District Educational Officer, O/o.The District Educational Officer, Tirunelveli District.
3.The St.Xaviers Higher Secondary School, Rep. by the Correspondent and Headmaster, Palayamkottai, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to give approval of appointment of the petitioner as B.T.Assistant (Science) with effect from the date of appointment 18.06.2007 instead of from the date of permission granted for conversion on 04.07.2008 based on the proposal send by first respondent in Na.Ka.No.5800-Aa2/2018 dated 24.01.2019 and the reminder 1/5
proposal of the third respondent School dated 26.05.2024 in Letter No.296/A7/2018 within the time stipulated by this Court. For Petitioner : Mr.I.Pinaygash For R1 & R2 : Mr.M.Siddharthan Additional Government Pleader
O R D E R
This Writ Petition has been filed seeking a writ of mandamus directing the respondents 1 and 2 to give approval of appointment of the petitioner as B.T.Assistant (Science) with effect from the date of appointment i.e. on 18.06.2007 instead of from the date of permission granted for conversion on 04.07.2008, based on the proposal send by first respondent, dated 24.01.2019 and the reminder proposal of the third respondent School, dated 26.05.2024.
2. The case of the petitioner is that he was appointed as B.T.Assistant (Science) in the third respondent School on 18.06.2007. The third respondent school is a Government aided minority School. The third respondent sent proposal to the second respondent for approval of appointment of the petitioner as B.T.Assistant (Science) with effect from 18.06.2007. But the second respondent granted approval only from 04.07.2008. Thereafter, third respondent 2/5
periodically sent the proposals to the second respondent from 10.04.2018. The second respondent forwarded the communication to the Joint Director of School Education, Chennai on 24.01.2019 for approval of appointment of the petitioner. But thereafter no orders were passed by the second respondent. Aggrieved by the inaction of the second respondent, the present writ petition is filed.
3. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that if the proposal sent by the third respondent School is pending with the second respondent as on date, it will be considered within a period of four weeks.
4. In view of the above factual position, in our considered view, it is appropriate and reasonable to dispose of the writ petition with a direction to the second respondent to consider and pass appropriate orders on the proposal sent by the third respondent School for granting approval to the appointment of the petitioner as B.T.Assistant (Science) with effect from 18.06.2007 within a period of four weeks in accordance with law.
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5. Accordingly, the writ petition is disposed of with a direction to the second respondent to consider and pass appropriate orders on the proposal sent by the third respondent School for granting approval to the appointment of the petitioner as B.T.Assistant (Science) with effect from 18.06.2007 in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs.
27.02.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:
1.The Chief Educational Officer O/o.The Chief Educational Officer, Tirunelveli District.
2.The District Educational Officer, O/o.The District Educational Officer, Tirunelveli District.
3.The Correspondent and Headmaster, St.Xaviers Higher Secondary School, Palayamkottai, Tirunelveli District.
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BATTU DEVANAND , J.
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