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Madras High CourtWP(MD)/9189/2023allowed

Rajkumar.S v. The Chief Educational Officer

2023-11-27Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.Rajkumar ... Petitioner Vs.

1.The Chief Educational Officer, Office of the Chief Educational Officer, Thoothukudi District.

2.The District Educational Officer, Office of the District Educational Officer, Thoothukudi District.

3.The St. Francis Xavier's Hr. Sec. School, Represented by the Correspondent, Chinna Kovil Compound, Thoothukudi District-628 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to approve the appointment of the petitioner as B.T Assistant (Tamil) with effect from 09.06.2017 based on the proposal submitted by the third respondent School, dated 31.07.2019.

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For Petitioner : Mr.I.Pinaygash For R-1 & R-2 : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

The present writ petition has been filed by a B.T Assistant (Tamil) Teacher, who was appointed in the third respondent School seeking a Mandamus as against the second respondent to approve his appointment.

2. According to the learned Counsel appearing for the petitioner, the petitioner was appointed as a B.T Assistant (Tamil) in the third respondent School on 09.06.2017 and the proposal was forwarded by the School to the second respondent for approval. However, on 24.10.2017, the second respondent had returned the proposal. The School has resubmitted the said proposal on 31.07.2019. From then onwards, the proposal is pending with the second respondent herein. Hence, the present writ petition.

3. Considering the above said facts, the second respondent herein is directed to pass orders 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. 2/4

4. This writ petition stands allowed to the extent as stated above. There shall be no order as to costs.

27.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Chief Educational Officer, Office of the Chief Educational Officer, Thoothukudi District.

2.The District Educational Officer, Office of the District Educational Officer, Thoothukudi District.

3.The Correspondent, St. Francis Xavier's Hr. Sec. School, Chinna Kovil Compound, Thoothukudi District-628 001.

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R.VIJAYAKUMAR, J.

BTR 27.11.2023 4/4