D.Durai Denakaran v. The Director Of School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND D.Durai Denakaran ... Petitioner Vs.
1.The Director of School Education, College Road, Chennai - 600 006.
2.The Chief Educational Officer, Tirunelveli, Tirunelveli District.
3.The District Educational Officer, (Primary School), Valliyoor Educational District, Tirunelveli District.
4.The Block Educational Officer, Valliyoor, Tirunelveli District.
5.The Correspondent, TDTA Primary and Middle School, Chinnammalpuram, Tirunelveli District - 627 101.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to grant approval of the petitioner's proposal for appointment dated 02.04.2019 as Secondary 1/5
Grade Teacher in the fifth respondent school by considering his representation dated 20.02.2024.
For Petitioner : Mr.M.S.Suresh Kumar For R1 to R4 : Mr.M.Siddharthan Additional Government Pleader
O R D E R
Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 to 4 and carefully perused the materials available on record.
2.The case of the petitioner is that he was appointed as Secondary Grade Teacher in the fifth respondent School on 02.04.2019 in the vacancy caused due to promotion of one Austin Jeba Solomon, which is a sanctioned post. Thereafter, the fifth respondent School sent a proposal to the respondents 3 and 4 seeking approval of the appointment of the petitioner. Thereafter, the petitioner made several representations to the respondents 2 and 3 to grant approval of his appointment in the fifth respondent school. But there was no response from them. Aggrieved by the same, the present writ petition is filed. 2/5
3.As per the petitioner, the fifth respondent School sent proposal on 20.12.2022 and it is pending with the respondents 2 and 3. If it is true, the respondents 2 and 3 ought to have considered the proposal sent by the fifth respondent school on 20.12.2022 and pass appropriate orders in accordance with law within the reasonable time. Keeping it pending since 2022 is illegal and unjust.
5.Accordingly, this writ petition is disposed of with a direction to the respondents 2 and 3 to consider the proposal sent by the fifth respondent school, dated 20.12.2022 for approval of the appointment of the petitioner from the date of his appointment and pass appropriate orders in accordance with law and disburse the grant in aid towards the payment of salary to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs.
22.04.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn 3/5
To:
1.The Director of School Education, College Road, Chennai - 600 006.
2.The Chief Educational Officer, Tirunelveli, Tirunelveli District.
3.The District Educational Officer, (Primary School), Valliyoor Educational District, Tirunelveli District.
4.The Block Educational Officer, Valliyoor, Tirunelveli District.
5.The Correspondent, TDTA Primary and Middle School, Chinnammalpuram, Tirunelveli District - 627 101.
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BATTU DEVANAND , J.
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