Umavathy.R v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN R.Umavathy ... Petitioner Vs.

1.The Chief Educational Officer, Sivagangai District, Sivagangai.

2.The District Educational Officer, Devakottai Educational District, Devakottai, Sivagangai District.

3.The Block Educational Officer, Devakottai Block, Devakottai Educational District, Devakottai, Sivagangai District.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to approve the petitioner's appointment as Secondary Grade Teacher with effect from 24.04.2009 and to disburse the benefits to the petitioner with effect from 24.04.2009 on the basis of the petitioner's representation, dated 05.05.2022. For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.A.Kannan Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a Mandamus seeking for a direction to the respondents to approve the petitioner's appointment as Secondary Grade Teacher with effect from 24.04.2009 and to disburse the benefits to the petitioner with effect from 24.04.2009 on the basis of the petitioner's representation, dated 05.05.2022.

2.The learned counsel appearing for the petitioner submitted that the petitioner was appointed as Secondary Grade Teacher with 1/3

effect from 24.04.2009 in the available vacancy on the place of retirement of Smt.M.Sarasvathi. She was appointed in the sanctioned post and a proposal was sent to the respondents for approval of her appointment. However, in the impugned order in Na.Ka.No.6113/A2/90, dated 18.01.2010, approval was granted by giving effect from 01.06.2009. On the other hand, it ought to have been granted with effect from 24.04.2009. In this regard it is submitted by the learned counsel for the petitioner that the petitioner has submitted a representation, dated 05.05.2022 seeking approval of her appointment with effect from 24.04.2009 and for disbursing the monetary benefits from that date.

3.Heard Mr.R.Shankar Ganesh, the learned counsel appearing for the petitioner and Mr.A.Kannan, learned Additional Government Pleader, who accepts notice on behalf of the respondents. 4.It is submitted by the learned Additional Government Pleader that the appointment order reads that the petitioner would be paid salary in the cadre of Secondary Grade Teacher as and when the sanction by Additional Assistant Educational Officer, Sakottai, Karaikudi.

5.Considering the limited prayer sought for by the petitioner in this case, without going into the merits of the case, this Court directs the respondents to pass appropriate orders in accordance with law on the representation given by the petitioner on 05.05.2022, after considering the relevant materials. This exercise is required to be completed as early as possible, preferably within a period of six weeks from the date of receipt of a copy of this order.

6.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) TM To 1.The Chief Educational Officer, Sivagangai District, Sivagangai.

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2.The District Educational Officer, Devakottai Educational District, Devakottai, Sivagangai District.

3.The Block Educational Officer, Devakottai Block, Devakottai Educational District, Devakottai, Sivagangai District.

+1 CC to M/s.SPL.GP. ( SR-25564[F] dated 14/06/2022 ) +1 CC to M/s.R. SHANKAR GANESH, Advocate ( SR-25694[F] dated 14/06/2022 ) 13.06.2022 NSN(CO) KB(21.06.2022) 3P 6C 3/3