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Madras High CourtWP(MD)/16643/2024allowed

The Correspondent v. The State Of Tamil Nadu

2024-07-24Honourable Ms Justice R.N.Manjula6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.16643 of 2024 and W.M.P(MD)No.14413 of 2024 The Correspondent R.C.Middle School, Ariyamangalam - 620 010, ... 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.

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3. The Chief Education Officer, Tiruchirappalli,

4. The District Educational Officer(Elementary), Tiruchirappalli,

5. The Block Educational Officer, Thiruverumbur Range, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 3rd and 4th respondents herein to approve forthwith the appointment of A.Agalya Jenefer as Secondary Grade teacher in the petitioner school w.e.f., 22.10.2019 with all attendant benefits including arrears of salary and allowances.

For Petitioner : Ms.M.F.Rooshi Maas for M/s.Isaac Chambers For Respondents : Mr.M.Siddharthan Additional Government Pleader 2/6

ORDER

Heard Ms.M.F.Rooshi Maas, learned counsel appearing for the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader appearing for the respondents

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner has filed this writ petition seeking direction to the respondents 3 and 4 to approve the appointment of one A.Agalya Jenefer as Secondary Grade Teacher in the petitioner school w.e.f. 22.02.2019.

4. The learned counsel for the petitioner submitted that the said individual has been appointed on 27.07.2017. When the proposal was sent for approval after her appointment on 27.07.2017, the same was refused by citing the reason that the post was declared as surplus. However, in the mean time, the petitioner school has been sanctioned with more secondary grade teacher and one of the Secondary Grade 3/6

Teacher against the sanctioned post has got transferred to some other school. The petitioner school accommodated one Agalya Jenefer once again w.e.f 22.10.2019. Again, the petitioner school had sent a proposal for the appointment of Agalya Jenefer w.e.f. 22.10.2019, but the same has not been considered so far by the respondents.

5. In view of the same, the writ petition is disposed of and the respondents are directed to consider the proposal sent by the petitioner school for the appointment of Agalya Jenefer w.e.f. 22.10.2019, in the light of the above observation and pass orders within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 24.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6

To

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 Education Officer, Tiruchirappalli,

4. The District Educational Officer(Elementary), Tiruchirappalli,

5. The Block Educational Officer, Thiruverumbur Range, 5/6

R.N.MANJULA , J.

RM Order made in W.P.(MD)No.16643 of 2024 24.07.2024 6/6