Ulagappar Higher Secondary School v. The Chief Educational Officer

W.P(MD).No.13520 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD).No.13520 of 2020 Ulagappar Higher Secondary School, Ramachandrapuram, Thirumayam Taluk, Pudukottai District, represented by its Secretary, C.Ravi.

... Petitioner Vs.

The Chief Educational Officer, Pudukottai, Pudukottai District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to approve the appointment of Thiru.P.Sasikumar, Teacher in English in petitioner School from 12.03.2019. For Petitioner :

Mr.R.P.Ramachanthiran For Respondent :

Mr.A.Thiyagarajan Government Advocate

O R D E R

This writ petition has been filed for a direction to the respondent to approve the appointment of Thiru.P.Sasikumar, as English Teacher in the petitioner School from 12.03.2019.

2. It is the case of the petitioner that on 07.06.2017, the Secondary Grade Teacher in the petitioner School by name K.Murugesan was promoted as Science Graduate Teacher. Thereafter, the respondent permitted the petitioner School to fill up the vacancy by appointing a teacher in English, on 05.01.2019. The petitioner School, for complying with the stipulation imposed by the respondent, called for a suitable candidate by publishing in newspaper and through the employment exchange and appointed one Mr.P.Sasikumar as teacher in English on 12.03.2019. The said teacher was joined in the petitioner School on 13.03.2019. Thereafter, on 15.05.2019, the petitioner School sent an intimation to the District Educational Officer about the appointment of Mr.P.Sasikumar as English Teacher in the petitioner School. After receipt of the said letter, the District Educational Officer, Pudukottai, sent a letter dated 26.06.2019, to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.13520 of 2020 the respondent for approval of the appointment of P.Sasikumar as English Teacher in the petitioner School. The petitioner School has also sent a reminder letter dated 04.12.2019 to the respondent, requesting for approval of the appointment of Mr.P.Sasikumar as English Teacher.

3. The learned counsel appearing for the petitioner would submit that though the petitioner School has sent a letter dated 04.12.2019 along with the representation of Mr.P.Sasikumar, the respondent has not taken any decision to approve the appointment of Mr.P.Sasikumar.

4. Mr.A.Thiyagarajan, learned Government Advocate appearing for the respondent would submit that the respondent would take appropriate decision within a period of four weeks.

5. Considering the submissions made by the learned Government Advocate and also considering the fact that the matter is pending for approval for the past seventeen months and the teacher is working without any salary, this Court finds that there is a considerably delay on the part of the respondent in granting approval for appointment of the English Teacher. Therefore, this Court directs the respondent to consider the recommendation forwarded by the District Educational Officer, Pudukottai, dated 26.06.2019 and the reminder letter of the petitioner School dated 04.12.2019 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) akv To The Chief Educational Officer, Pudukottai,Pudukottai District.

+1CC to M/s.R.P.RAMACHANTHIRAN,Advocate(SR-19389[F]dated 08/10/2020) W.P(MD).No.13520 of 2020 07.10.2020 NA(CO) AP(04/11/2020) 2 P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2