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Madras High CourtWP(MD)/11700/2022disposed of

The Correspondent v. The State Of Tamil Nadu

2023-02-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 03.11.2022 Pronounced on : 08.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.8278 of 2022 The Correspondent, R.C.Little Flower Higher Secondary School, Usilampatti - 625 532, Madurai District.

... Petitioner Vs.

1.The State of Tamil Nadu, Rep. 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, Madurai, Madurai District.

4.The District Educational Officer, Usilampatti, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the 1/4

records relating to the impugned order issued by the 4th respondent District Educational Officer in Na.Ka.No.3746/A3/2021 date --.12.2021 quash the same and further direct the 3rd respondent Chief Educational Officer herein to approve forthwith the appointment of A.Antony Richard as Junior Assistant w.e.f., 09.09.2020 in the petitioner's school namely, R.C. Little Flower Girls Higher Secondary School, Usilampatti and disburse the grant-in-aid towards his salary with all attendant benefits from the said date. For Petitioner : Ms.A.Amala For Respondents : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.S.Shaji Bino, Spl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner is a minority institution receiving aid from the State. They questioned the impugned staff fixation. It is obvious that the department had applied G.O.(Ms) No.238, dated 13.11.2018 while making the staff fixation. The validity of the said Government Order had already been upheld vide order dated 07.02.2023 made in W.P.(MD)No.13428 of 2020. Hence, no 2/4

interference is called for in this writ petition and the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

08.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The 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, Madurai, Madurai District.

4.The District Educational Officer, Usilampatti, Madurai District.

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G.R.SWAMINATHAN, J.

ias 08.02.2023 4/4