P.Chithra v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR P.Chithra .. Petitioner Vs.

1) The Director of School Education, DPI Campus, College Road, Chennai 600 006

2) The Chief Educational Officer, O/o the Chief Educational Officer, Virudhunagar District.

3) The District Educational Officer, O/o the District Educational Officer, Aruppukottai, Virudhunagar District.

4) Saiva Bhanu Kshatriya Higher Secondary School, Rep. by its Secretary, Aruppukottai 626 101 Virudhunagar District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent no.2 to grant approval to the appointment of the petitioner in the post of B.T. Assistant in English at the fourth respondent School with effect from 27.03.2019 with all consequential benefits within the time period stipulated by this Court.

For Petitioner : Mr.S.Rajasekar For RR 1 to 3 : Mr.A.Thiyagarajan, Government Advocate

O R D E R

The prayer sought for in this Writ Petition is for a Writ of Mandamus, directing the second respondent to grant approval to the appointment of the petitioner in the post of B.T. Assistant in English at the fourth respondent School with effect from 27.03.2019 with all consequential benefits within the time period stipulated by this Court.

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2. Heard Mr.S.Rajasekar, learned counsel appearing for the petitioner, who would submit that, in the fourth respondent School, there was a B.T. Assistant post, where one G.Sasikala was working. Since she was promoted as P.G.Assistant from 01.12.2010, the said post has become vacant, where, after adopting the procedures to be adopted for selecting the person to be appointed, the petitioner has been appointed on 27.03.2019 as B.T.Assistant (English) and accordingly, a proposal has been sent by the fourth respondent School on 22.04.2019 to the second respondent. Therefore, the said proposal has to be approved by the second respondent, which, so far has not been considered and therefore, the petitioner is before this Court.

3. Heard Mr.A.Thiyagarajan, learned Government Advocate appearing for the respondents, who would submit that, the said proposal sent by the fourth respondent School dated 22.04.2019 with regard to the appointment of the petitioner as B.T.Assistant (English) in the fourth respondent School would be considered on merits and in accordance with law and orders would be passed to that effect within a time frame that may be stipulated by this Court.

4. Considering the limited scope of prayer sought for in this writ petition and after hearing the learned counsel appearing for both sides, this Court is inclined to dispose of the writ petition by passing the following order:

"that the respondents, especially the second respondent, is hereby directed to consider the proposal submitted by the fourth respondent, dated 22.04.2019 with regard to the appointment of the petitioner as B.T. Assistant (English) at the fourth respondent School from 27.03.2019 and pass orders thereon within a period of six weeks from the date of receipt of a copy of this order."

5. With this direction, the Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) sts 2/3

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To:

1) The Director of School Education, DPI Campus, College Road, Chennai 600 006

2) The Chief Educational Officer, O/o the Chief Educational Officer, Virudhunagar District.

3) The District Educational Officer, O/o the District Educational Officer, Aruppukottai,Virudhunagar District.

Order made in MA(CO) TR(14.08.2020) 3P 4C 3/3