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Madras High CourtWP(MD)/10034/2025disposed of

Marikkani G v. The Director

2025-04-09Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025

CORAM:

THE HONOURABLE Mr.JUSTICE BATTU DEVANAND W.P.(MD)No.10034 of 2025 G.Marikkani ... Petitioner Vs 1.The Director, School Education Department, DPI Campus, College Road, Chennai.

2.The Joint Director (Higher Secondary) School Education Department, DPI Campus, College Road, Chennai.

3.The Chief Educational Officer, Virudhunagar District, Virudhunagar.

4.The District Educational Officer (Secondary) Virudhunagar District, Sivakasi.

5.The Secretary, Nadar Higher Secondary School, Zaminkollankondan, Rajapalayam Taluk, Virudhunagar District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the 3rd respondent herein to consider the proposal dated 20.01.2025 submitted by the 5th respondent school and the petitioner's representation dated 19.02.2025 and pass appropriate orders to grant prior permission for filing up the post of watchman consequently accord approval for the petitioner's appointment as watchman in the 5th respondent school with effect from the petitioner's date of appointment (20.01.2025) and release grant in aid within the time stipulated by this Court.

For Petitioner : Mr.S.Vashik Ali For R1 to R4 : Mr.M.Siddarthan Additional Government Pleader

O R D E R

Heard the learned Counsel for the petitioner and Mr.Siddarthan, learned Additional Government Pleader for the respondents 1 to 4. and perused the materials available on record.

2.In view of the facts and circumstances of the case, notice to the fifth respondent is dispensed with.

3.The petitioner, who is working as a Watchman in the fifth respondent school w.e.f 20.01.2025 filed this writ petition. His grievance is that the proposal dated 20.01.2025 submitted by the fifth respondent school to accord approval for his appointment as Watchman is not considered by the third respondent. The petitioner also submitted the representation on 19.02.2025 requesting the third respondent to consider the said proposal and pass orders. Against the inaction of the third respondent in considering the same, he filed this writ petition. 4.Mr.Siddarthan, learned Additional Government Pleader on instructions submits that the proposal, dated 20.01.2025, sent by the petitioner has been returned by the third respondent vide proceedings dated 01.04.2025 to the fifth respondent school. Now, the fifth respondent school has to resubmit the same complying the objections raised by the third respondent.

5.In view of the above factual position, issuing directions to the third respondent to consider the said proposal doesn't arise as it is already returned.

6.Therefore, this writ petition is disposed of with a direction to the fifth respondent to resubmit the proposal to the third respondent after complying the objections raised by the third respondent as early as possible in the interest of justice. There shall be no order as to costs. 09.04.2025 NCC : Yes/No Index : Yes/No Internet : Yes LR

To 1.The Director, School Education Department, DPI Campus, College Road, Chennai.

2.The Joint Director (Higher Secondary) School Education Department, DPI Campus, College Road, Chennai.

3.The Chief Educational Officer, Virudhunagar District, Virudhunagar.

4.The District Educational Officer (Secondary) Virudhunagar District, Sivakasi.

5.The Secretary, Nadar Higher Secondary School, Zaminkollankondan, Rajapalayam Taluk, Virudhunagar District.

BATTU DEVANAND, J.

LR W.P.(MD)No.10034 of 2025 Dated : 09.04.2025