Brindha. S v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA S.Brindha ... Petitioner Vs.

1. The Director, School Education, DPI Complex, Chennai-6.

2. The Chief Educational Officer, Government Syed Murduza Higher Secondary School Campus, Old Madurai Road, Trichy, Trichy District.

3. The District Educational Officer, Trichy Road, Lalgudi, Trichy District.

4. The Secretary, L.N.P. Girls Higher Secondary School, Lalgudi, Trichy District.

(R4 Cause Title Amended Vide Court Order dated 27.06.2023 in W.M.P.(MD).No.11811/2023 in W.P.(MD).No.6785 of 2023) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the record relating to the impugned order passed by the second respondent in his proceeding in 1/4

O.Mu.no.1099 A4/2023 dated 24.02.2023 and quash the same and consequently direct the second respondent to consider employment on compassionate ground to the petitioner based on her application dated 02.02.2023. For Petitioner : Mr.K.Maharajan For R-1 to R-3 : Mr.T.Amjadkhan Government Advocate For R-2 : Mr.AN.Ramanathan

O R D E R

Heard Mr.K.Maharajan, learned counsel appearing for the petitioner, Mr.T.Amjadkhan, learned Government Advocate appearing for respondent Nos.1 to 3 and Mr.AN.Ramanathan, learned Counsel appearing for the fourth respondent.

2. The petitioner, who has filed an application before the respondents seeking compassionate appointment in view of the death of her mother, viz., Manimegalai on 27.08.2009, has filed this Writ Petition, challenging the order of rejection passed by the second respondent on 24.02.2003.

3. In the impugned order passed by the second respondent dated 24.02.2003, it is stated that the petitioner's mother was working as BT Assistant 2/4

in a private aided school. Even though the petitioner was required to make appropriate application before the School Secretary seeking appointment by fulfilling the qualifications,- there is no reason stated in the impugned order that the petitioner's application does not have any prima facie consideration.

4. Since the impugned order did not assign any specific reason for rejection, the order passed by the second respondent in his proceedings in O.Mu.no.1099 A4/2023, dated 24.02.2023 is set aside and the matter is remanded back to the file of the second respondent and the second respondent is directed to reconsider the petitioner's application and pass appropriate orders afresh on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs. 06.06.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 3/4

R.N.MANJULA, J.

TSG To

1. The Director, School Education, DPI Complex, Chennai-6.

2. The Chief Educational Officer, Government Syed Murduza Higher Secondary School Campus, Old Madurai Road, Trichy, Trichy District.

3. The District Educational Officer, Trichy Road, Lalgudi, Trichy District.

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