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Madras High CourtWP(MD)/5543/2024disposed of

Hema Rajam.P v. The State Of Tamil Nadu

2024-06-26Honourable Ms Justice R.N.Manjula6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.5543 of 2024 & W.M.P.(MD)No.5273 of 2024 Hema Rajam.P ... Petitioner vs.

1.The State of Tamil Nadu Rep. 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, Tirunelveli - 627 001 4.The District Educational Officer, Tirunelveli - 627 001 5.The Corporate Manager, Tinnevelly Diocesan Trust Association (TDTA) Diocesan Office Palayamkottai - 627 002 Tirunelveli District 1/6

6.The Correspondent St.John's Higher Secondary School Palayamkottai - 627 002 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the sixth respondent to resubmit the proposal for approval of the petitioner's appointment as B.T. Assistant (English) with effect from the date of appointment viz., 04.06.2019 and further direct the fourth respondent District Educational Officer to give approval forthwith to the petitioner's appointment as B.T. Assistant (English) in the sixth respondent St.John's Higher Secondary School with effect from 04.06.2019 with salary and all other attendant benefits, on receipt of such proposal from the sixth respondent within a reasonable time as may be stipulated by this Court. For Petitioner :

Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents :

Mr.T.Amjadkhan Government Advocate for R1 to R4

O R D E R

Heard Mr.K.Ragatheesh Kumar, learned counsel appearing for the petitioner and Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents 1 to 4.

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2. The petitioner has filed this writ petition seeking to issue a Writ of Mandamus directing the sixth respondent School to re-submit the proposal for approval of her appointment and direct the fourth respondent to give approval forthwith to her appointment as B.T. Assistant (English) in the sixth respondent School with effect from 04.06.2019 with salary and all other attendant benefits, on receipt of such proposal from the sixth respondent School within a reasonable time stipulated by this Court.

3. The petitioner has been appointed as B.T. Assistant (English) in the sixth respondent School on 04.06.2019 as against the sanctioned vacancy. A proposal has been sent by the sixth respondent School to the fourth respondent for approval of the petitioner's appointment and that has been returned for complying certain remarks.

4. Now, the grievance of the petitioner is that the sixth respondent School has not re-submitted the proposal and hence approval process is pending.

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5. In view of the same, the writ petition is disposed of and the sixth respondent School is directed to re-submit the proposal to the fourth respondent after complying the remarks, if any, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the fourth respondent shall forward the same to the third respondent within a period of one week thereon. The third respondent is directed to consider the proposal on its own merits and pass orders in accordance with law within a period of four weeks thereafter. No costs. Consequently, connected Miscellaneous Petition is closed. 26.06.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 4/6

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, Tirunelveli - 627 001 4.The District Educational Officer, Tirunelveli - 627 001 5/6

R.N.MANJULA, J.

mbi 26.06.2024 6/6