M.Madev Santhaiah, v. The Director Of School
EFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.5113 of 2019 and WMP(MD)No.4078 of 2019 1.M.Madev Santhaiah 2.A.Mary Isabella 3.E.Sudhakar Daniel 4.T.John Baslin 5.M.Eailin Rency 6.R.Lalitha Rani 7.E.Ramesh 8.S.Rajan ... Petitioners Vs 1.The Director of School Education, College Road, Nungambakkam, Chennai - 6.
2.The Chief Educational Officer, Office of the Chief Educational Officer, Tirunelveli.
3.The District Educational Officer, Valliyur Educational District, Tirunelveli - 1.
4.Hon'ble Justice D.Hariparanthaman (Retd.) The Hon'ble Administrator, India Evangelical Lutheran Church, 47/Eldoms Road, Teynampettai, Chennai - 18.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to initiate appropriate action to approve the petitioners' respective posts in the Concordia Higher Secondary School, Vallioor administered by the 4th respondent herein and disburse the salary with arrears and other benefits to them from the date of their assuming office in their respective posts.
For Petitioners : Mr.S.Kadarkarai For R1 to R3 : Mrs.S.Srimathy Special Government Pleader
ORDER
This writ petition has been filed seeking a direction to the respondents 1 to 3 to take appropriate action to approve the petitioners' respective posts in the Concordia Higher Secondary School, Vallioor, administered by the 4th respondent herein and disburse the salary with arrears and other benefits from the date of their assuming office in their respective posts. 2.Heard the learned counsel for the petitioners and the learned Special Government Pleader for the respondents 1 to 3. By consent, the Writ Petition itself is taken up for final disposal at the stage of admission.
3.The grievance of the petitioners is that their respective posts in the educational institutions affiliated to the India Evangelical Lutheran Church, Nagercoil Synod were not approved and salary has not been paid for several months. Hence, they made representation dated 07.12.2018 and no action has been taken so far by the respondents. Therefore, the petitioners are before this Court.
4.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the petitioners' representation would be considered on merits. 5.In view of the above submission, this Court, without going into the merits of the matter, directs the respondents to consider the petitioners' representation dated 07.12.2018 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners. 6.The writ petition is disposed of with the above direction. No costs. Consequently, WMP(MD)No.4078 of 2019 is closed. Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Director of School Education, College Road, Nungambakkam, Chennai - 6.
2.The Chief Educational Officer, Office of the Chief Educational Officer, Tirunelveli.
3.The District Educational Officer, Valliyur Educational District, Tirunelveli - 1.
+1. C.C. to M/S.S.Kadarkarai, Advocate SR.No. 51703 +1 cc to Special Government Pleader, SR.No. 52268 W.P.(MD)No.5113 of 2019 MJ SP/05.04.2019/3P-6C