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Madras High CourtWP(MD)/12293/2018disposed of

Kammavar Girls Higher v. The State Of Tamilnadu

2018-06-08Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.06.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)Nos.12293 and 12294 of 2018 and W.M.P(MD)Nos.11171 and 11172 of 2018 Kammavar Girls Higher Secondary School, Ettiyapuram Road, Kovilpatti, Tuticorin District, Rep. by its Correspondent, P.Kathirvel ... Petitioner in both W.Ps 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 in both W.Ps Common Prayer:- Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to approve the appointment of Mrs.V.Kuruvammal as Office Assistant and Mrs.A.Krishnaveni as Junior Assistant, 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 COMMON ORDER The prayer sought for in these Writ Petitions are for a Writ of Mandamus, directing the third respondent to approve the appointment of one Mrs.V.Kuruvammal as Office Assistant and one Mrs.A.Krishnaveni as Junior Assistant respectively, 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 respect of two sanctioned vacancies one is for Office Assistant and another is for Junior Assistant, one Mrs.V.Kuruvammal was appointed on 22.03.2018 as Office Assistant and one Mrs.A.Krishnaveni was appointed on 22.03.2018 as Junior Assistant. After appointment, the said proposals along with necessary documents had been sent to the respondents, by the petitioner's school on 30.04.2018. However, the said proposals have not been approved and no order to that effect was so far been passed. Therefore, the petitioner is before this Court in both the Writ Petitions.

4. The learned counsel appearing for the petitioner would submit that, if a direction is given to the respondents, to consider and pass orders on the said proposals sent by the petitioner's school with regard to the said two appointments, within a time frame that may be fixed by this Court, the petitioners would be satisfied.

5. I have Heard the learned Special Government Pleader appearing for the respondents, who would, on instructions submit that, the respective proposals submitted by the petitioner's school in both cases would be considered by the respondents and an order to that effect would be passed, within a time frame that may be fixed by this Court, on merits.

6. Considering the limited scope of the prayer sought for in both the writ petitions, the following directions are given in these writ petitions:

"In both cases, the respective proposals submitted by the petitioner's school in respect of the appointments made to the post of Office Assistant as well as Junior Assistant, shall be considered, on merits and in accordance with law, by the third respondent and an order to that effect with regard to the proposals, shall be passed within a period of eight weeks from the date of receipt of a copy of this order."

7. With these directions, the Writ Petitions are disposed of. No Costs.Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(AS) /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.

+2CC to M/s.Ajmal Associates, Advocate, SR.Nos.67871,67873 +1CC to the Special Government Pleader SR.No. 67578,67579 W.P(MD)Nos.12293 and 12294 of 2018 08.06.2018 PM ES/SKN/RSK/SAR 1/01.11.2018/3P/7C