Madras High CourtWP(MD)/8401/2020disposed of

Thiagarajar Model Higher Secondary School v. The Chief Educational Officer

2020-07-31Honourable Mr Justice R. Suresh Kumar2 pages

W.P.(MD) No.8401 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2020

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.8401 of 2020 (Through Video conferencing) Thiagarajar Model High Secondary School, Theppakulam - 625 001, Madurai District, rep. by its Secretary

...Petitioner

-Vs1.The Chief Educational Officer, Madurai.

2.The District Educational Officer, Madurai District.

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to grant permission to the petitioner for filling up the sanctioned post of Watchman by considering the proposal dated 03.03.2020 submitted by the petitioner on merits and in accordance with law within the period that may be stipulated by this Court. For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.A.Thiyagarajan, G.A.

ORDER

The prayer sought for herein is for a writ of Mandamus, directing the respondents to grant permission to the petitioner for filling up the sanctioned post of Watchman by considering the proposal dated 03.03.2020 submitted by the petitioner on merits and in accordance with law within the period that may be stipulated by this Court.

2.The petitioner school has already been sanctioned a Watchman post, which has not been filled up for long time and in order to fill up the same, since as per the rule, prior permission is to be obtained from the official respondents, the petitioner school management has sent a request on 03.03.2020 seeking such prior permission and since the said request has not so far been considered and no orders to that effect has been passed, the petitioner school has approached this Court with the aforesaid prayer. 3.Heard the learned Government Advocate appearing for the respondents, who would submit that, the said request of the petitioner dated 03.03.2020 would be considered on merits and in accordance with law and an order to that effect would be passed https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.8401 of 2020 within a time to be stipulated by this Court. 4.Considering the limited scope of the prayer sought for herein, this writ petition is disposed of with the following direction:

"that the respondents, especially, the 1st respondent is hereby directed to consider the request made by the petitioner dated 03.03.2020, seeking prior permission from the 1st respondent to appoint the Watchman, which is kept vacant at the petitioner's school and which was a sanctioned post also, at the earliest and pass orders thereon, on merits and in accordance with law, with regard to the said plea raised by the petitioner and such permission, if the request of the petitioner is otherwise in order, can be granted to the petitioner by disposing the said request as early as possible, preferably, within a period of six weeks from the date of receipt of a copy of this order."

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) Arul 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 Chief Educational Officer, Madurai.

2.The District Educational Officer, Madurai District.

W.P.(MD)No.8401 of 2020 31.07.2020 KB(24.08.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2