The Correspondent v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025
CORAM
THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P(MD)No.10916 of 2025 The Correspondent, Melapallivasal Girls Higher Secondary School, Ilayangudi, Sivagangai District.
... Petitioner Vs.
1.The State of Tamilnadu, Represented by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 009.
3.The Chief Educational Officer, Sivagangai, Sivagangai District.
4.The District Educational Officer, (Secondary Education) Sivagangai, Sivagangai District.
... Respondents Prayer : This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent Chief Educational Officer herein to approve forthwith the appointment of S.A.Sabeer Ahamed as Office Assistant with effect from 02.08.2021 in the petitione's school namely Melapallivasal Girls Higher Secondary School, 1 / 6
Ilayangudi and disburse the grant-in-aid towards his salary with all attendant benefits from the said date.
For Petitioner :
Mr.A.Amala For Respondents :
Mr.M.Siddarthan Additional Government Pleader
ORDER
Heard the learned counsel for the petitioner and Mr.M.Siddarthan, learned Additional Government Pleader appearing for respondents. Perused the materials available on record.
2. The petitioner is the Correspondent of the Melapallivasal Girls Higher Secondary School, Ilayangudi, Sivagangai District, which is a minority institution. A single post of Office Assistant fell vacant in the said school on 02.07.2021, due to the promotion of previous incumbent. In the said vacancy, the school appointed S.A.Sabeer Ahamed as Office Assistant with effect from 02.08.2021 Forenoon. Since the previous incumbent promotion was approved on 08.05.2024, the school submitted proposal to the fourth respondent on 13.05.2024, requesting to approve the appointment of S.B.Sabeer Ahamed as Office Assistant with effect from 02.08.2021 and to disburse grant-in-aid towards the salary. The petitioner 2 / 6
came to know that the fourth respondent had forwarded the proposal to the third respondent recommending the appointment of S.A.Sabeer Ahamed as Office Assistant, stating that there is no surplus Office Assistant in Sivagangai District. But till date, the third respondent has not passed any orders. The school sent reminder on 12.03.2025. But there is no response. Aggrieved by the inaction of the third respondent, the present writ petition is filed.
3. The learned Additional Government Pleader appearing for the respondents would submit that the proposal sent by the petitioner will be considered and appropriate orders will be passed within the time to be stipulated by this Court.
4. Considering the facts and circumstances of the case, there is no dispute with regard to the admitted facts of the case. The proposal sent by the petitioner on 13.05.2024 is pending with the third respondent till date. This Court is unable to understand for what reason the third respondent kept that proposal pending for nearly one year. Due to the inaction of the third respondent, the ultimate sufferer is Mr.S.A.Sabeer Ahamed, who was appointed as Office Assistant with effect from 02.08.2021 who is working without any salary. If there is any difficulty to the third respondent to accord permission for the proposal of the petitioner's school, he has to pass 3 / 6
appropriate orders to that effect in accordance with law. But keeping the issue pending is unreasonable and unjust.
5. In view of the same, this writ petition is disposed of with a direction to the third respondent to consider the proposal dated 13.05.2024 of the petitioner and grant approval in accordance with law within a period of three weeks from the date of receipt of a copy of this order and disburse the grant-in-aid towards the salary to the person appointed as Office Assistant in the petitioner's school.
6. There shall be no order as to costs.
21.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 4 / 6
To 1.The Secretary, State of Tamilnadu, Department of School Education, Fort St.George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 009.
3.The Chief Educational Officer, Sivagangai, Sivagangai District.
4.The District Educational Officer, (Secondary Education) Sivagangai, Sivagangai District.
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BATTU DEVANAND, J.
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