S.Meenatchi v. The Director Of School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2020
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR S.Meenatchi ... Petitioner in W.P(MD).No.9111 of 2020 M.Umapriya ... Petitioner in W.P(MD).No.9114 of 2020 -Vs1.The Director of School Education, DPI Campus, College Road, Chennai 600 006.
2.The Chief Educational Officer, O/o., The Chief Educational Officer, Virudhunagar District.
3.The District Educational Officer, O/o., The District Educational Officer, Aruppukottai, Virudhunagar District.
4.Saiva Bhanu Kshatriya Girls Higher Secondary School, rep., by its Secretary, Aruppukottai 626 101, Virudhunagar District.
... Respondents in both petitions COMMON PRAYER:
Writ Petitions filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the second respondent to grant approval to the appointment of the petitioners in the post of B.T.Assistant in Mathematics,and B.T.Assistant in Tamil respectively at the fourth respondent School with effect from 03.01.2019 with all consequential benefits within the time period stipulated by this Court.
In both petitions For Petitioners :
Mr.T.Aswin Rajasimman for Mr.T.Lajapathi Roy For Respondents :
Mr.A.Thiyagarajan Government Advocate for R1 to R3 1/3
COMMON ORDER The prayer sought for herein is for a Writ of Mandamus, to direct the second respondent to grant approval to the appointment of the petitioners in the post of B.T.Assistant in Mathematics, and B.T.Assistant in Tamil respectively, at the fourth respondent School with effect from 03.01.2019 with all consequential benefits, within the time to be stipulated by this Court.
2.Heard Mr.T.Aswin Rajasimman, learned counsel appearing for the petitioners and Mr.A.Thiyagarajan, learned Government Advocate appearing for the respondents 1 to 3.
3.The issue in both the writ petitions is one and the same, therefore, with consent of both the learned counsel appearing for the parties, these writ petitions are disposed by passing this common order. Since no adverse order is going to be passed against the fourth respondent, notice to him is dispensed with. 4.That in the fourth respondent School, there are two vacancies in the post called B.T.Assistant Mathematics and B.T.Assistant Tamil. In order to fill up the said posts, the fourth respondent School seems to have obtained prior approval from the official respondents on 20.11.2018.
5.Thereafter, advertisement was given on 02.12.2018 and after adopting the necessary procedure for making the selection and appointment, the said two posts have been filled up by making appointment of the petitioners, namely S.Meenatchi and M.Umapriya, as B.T.Assistant (Mathematics) and B.T.Assistant (Tamil) respectively, with effect from 03.01.2019.
6.After making such appointment, the proposal for approval of the said appointment had been sent by the fourth respondent School to the official respondents on 24.01.2019 separately, and those approval proposals are still pending with official respondents. In this regard, on 10.06.2020 both the petitioners had given representation to the respondents also to speed up the approval process and decide the same at the earliest. However, since no action to that effect seems to have been taken by the respondents, as nothing was forthcoming from them, the petitioners have filed these writ petitions with aforesaid prayer.
7.The learned Government Advocate would submit that, the said proposals submitted by the fourth respondent School in respect of the appointment of these two Teachers i.e., the petitioners herein, would be considered on merits within a time frame and order to that effect would be passed.
8.Considering the limited scope of the prayer sought for in these writ petitions, both the writ petitions are disposed of with 2/3
the following orders:
'that the respondents, especially, the second respondent is hereby directed to consider the proposals submitted by the fourth respondent School on 24.01.2019 with regard to the appointment of these two petitioners as B.T.Assistant (Mathematics) and B.T.Assistant (Tamil) respectively, at the fourth respondent School and pass orders thereon, with regard to the said request for approval of their appointment on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.'
9.With the above directions, these Writ Petitions are disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk 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 Director of School Education, DPI Campus,College Road, Chennai 600 006.
2.The Chief Educational Officer, O/o., The Chief Educational Officer, Virudhunagar District.
3.The District Educational Officer, O/o., The District Educational Officer, Aruppukottai,Virudhunagar District.
+2 CC to M/s.T.LAJAPATHI ROY,Advocate(SR-14029[F] & 14028) 12.08.2020 AP(10/09/2020) 3 P 6C 3/3