The Correspondent v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 03.11.2022 DELIVERED ON : 08.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.8322, 8324, 8326 & 11560 of 2020 The Correspondent, Holy Cross Anglo-Indian Higher Secondary School, Thoothukudi, Thoothukudi District-628 002.
... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St.George, Chennai-600 009.
2.The Director of School Education, College Road, Chennai-600 006.
3.The Inspector of Anglo-Indian Schools, College Road, Chennai-600 006.
4.The Chief Educational Officer, Thoothukudi, Thoothukudi District.
5.The District Educational Officer, Thoothukudi, Thoothukudi District.
... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Govternment Orders issued by the first respondent State Government in G.O.Ms.No.238, School Education (Pa.Ka.6(1) Department dated 13.11.2018, the staff fixation settled by the fourth respondent CEO for the academic year 2018-2019 vide proceedings in Mu.Mu.No.6842/Aa4/2018 dated 28.08.2019, in so far it renders one post of Junior Assistant as surplus and the consequential proceedings of the fifth respondent DEO in O.Mu.No.197/Aa2/2020 dated 10.02.2020 denying approval to the appointment of Sister B.Anbarasi as Junior Assistant, quash the same and further direct the fourth and fifth respondents to approve forthwith the appointment of Sister B.Anbarasi as Junior Assistant in the petitioner school from the date of her appointment viz., 04.11.2019, with salary and all other attendant benefits.
For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents : Mr.R.Baskaran, Additional Advocate General, Assisted by Mr.J.Ashok Additional Government Pleader
ORDER
Heard the learned counsel on either side.
2/5
2. The writ petitioner is a minority institution. The petitioner challenges the validity of G.O.(Ms)No.238, School Education Department, dated 13.11.2018 and the consequential staff fixation made by the Chief Educational Officer. Vide order dated 07.02.2023 made in W.P.(MD)No. 13428 of 2020, I upheld the validity of G.O.(Ms)No.238, dated 13.11.2018. I had also held that approval of appointments made prior to issuance of G.O. (Ms)No.238, dated 13.11.2018 will be considered on merits and in accordance with law without reference to the said Government Order. Any appointment made after issuance of G.O.(Ms)No.238, dated 13.11.2018 will be subject to the said Government Order.
3. This writ petition is disposed of on the same lines. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.
08.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Btr 3/5
To 1.The Secretary, The State of Tamil Nadu, Department of School Education, Fort St.George, Chennai-600 009.
2.The Director of School Education, College Road, Chennai-600 006.
3.The Inspector of Anglo-Indian Schools, College Road, Chennai-600 006.
4.The Chief Educational Officer, Thoothukudi, Thoothukudi District.
5.The District Educational Officer, Thoothukudi, Thoothukudi District.
4/5
G.R.SWAMINATHAN, J.
Btr Pre-delivery Order made in 08.02.2023 5/5