Kammavar Girls Higher v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.06.2018
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.12292 of 2018 and W.M.P(MD)No.11170 of 2018 Kammavar Girls Higher Secondary School, Ettiyapuram Road, Kovilpatti, Tuticorin District, Rep. by its Correspondent, P.Kathirvel ... Petitioner -Vs.- 1.The State of Tamil Nadu, Rep. by its Secretary, School Education Department, Secretariat,Chennai.
2.The Director of School Education (Higher Secondary), O/o.the Director of School Education, D.P.I. Complex, Chennai.
3.The District Educational Officer, O/o.the District Educational Office, Kovilpatti, Tuticorin District. ... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to approve the appointment of A.Indira as P.G. Assistant (Zoology) w.e.f., 22.03.2018 in the petitioner's school and pay arrears of salary with all consequential benefits arising thereon within the period that may be stipulated by this Court. For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For Respondents : Mrs.S.Srimathy, Special Government Pleader
ORDER
The prayer sought for herein is for a Writ of Mandamus, directing the third respondent to approve the appointment of one Mrs.A.Indira as P.G. Assistant (Zoology) w.e.f., 22.03.2018 in the petitioner's school and pay arrears of salary with all consequential benefits arising thereon within the period that may be stipulated by this Court.
2. Heard Mr.C.Venkatesh Kumar for M/s.Ajmal Associates, learned counsel appearing for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader appearing for respondents.
3. The learned counsel appearing for the petitioner would submit that, in the petitioner's school, a sanctioned post called Post Graduate Assistant(Zoology) became vacant on 31.01.2018 as the erstwhile incumbent retired on superannuation. In the said vacancy, one Mrs.Indira was appointed as P.G.Assistant(Zoology) on 22.03.2018 and from that date, she has been working there. The said appointment proposal was sent to the respondents on 30.04.2018 for approval. Since the same has not so far been approved or no order was so far been passed, the petitioner has approached this Court. Therefore, if a direction is given to the respondents to consider and pass orders on the said proposal sent by the petitioner and order to that effect is directed to be passed by the respondents, within a time frame that may be fixed by this Court, the petitioner would be satisfied.
4. Heard the learned Special Government Pleader appearing for the respondents, who would, on instructions, submit that the said proposal dated 30.04.2018 submitted by the petitioner would be considered and order to that effect would be passed, within a time frame that may be fixed by this Court.
5. Considering the limited scope of the prayer sought for in this Writ Petition, the following directions are given in this writ petition:
"That the third respondent is directed to consider the proposal submitted by the petitioner's school on 30.04.2018 with regard to the appointment of one Mrs.Indira as P.G. Assistant(Zoology) from 22.03.2018 and pass orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."
6. With these directions, the Writ Petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-I) To:
1.The Secretary, State of Tamil Nadu, School Education Department, Secretariat, Chennai.
2.The Director of School Education (Higher Secondary), O/o.the Director of School Education, D.P.I. Complex, Chennai.
3.The District Educational Officer, O/o.the District Educational Office, Kovilpatti, Tuticorin District.
+1CC to M/s.Ajmal Associates, Advocate, SR.No.67872 +1CC to the Special Government Pleader SR.No.67577 W.P(MD)No.12292 of 2018 08.06.2018 PM ES/SKN/RSK/SAR 1/31.10.2018/3P/6C