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Madras High CourtWP(MD)/12936/2017disposed of

G.Logithal v. The Government Of Tamilnadu

2019-03-19Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.12936 of 2017 G.Logithal ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Principal Secretary, Department of School Education, Fort St. George, Secretariat, Chennai - 600 009.

2.The Director of School Education, D.P.I Campus, College Road, Nungambakkam, Chennai - 600 006.

3.The Chief Educational Officer, Nagercoil, Kanyakumari District.

4.The District Educational Officer, Kuzhithurai at Marthandam, Kanyakumari District.

5.Higher Secondary School, Rep. by its Chairman and Correspondent, Arumanai - 629 151, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the fourth respondent to pass orders on the proposal submitted by the fifth respondent in Letter No.213A, dated 30.03.2017, for approval of the petitioner's appointment as P.G. Assistant (Maths) with effect from 10.02.2017 within the time fixed by this Court. For Petitioner :

Mr.R.Subramanian For Respondents :

Mrs.S.Srimathy, Special Government Pleader.

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the fourth respondent to pass orders on the

proposal submitted by the fifth respondent, dated 30.03.2017, for approval of the petitioner's appointment as P.G. Assistant (Maths) with effect from 10.02.2017 within the time fixed by this Court. 2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3.The learned counsel appearing for the petitioner submitted that the petitioner was appointed as P.G Assistant (Maths) by the fifth respondent, by order dated 10.02.2017, due to the retirement of one D.Vishnu Radhan. The fifth respondent has sent a proposal, dated 30.03.2017 for approval of the petitioner's appointment to the fourth respondent and a reminder has also been sent to the fourth respondent on 08.06.2017. Since the same have not been considered so far, the petitioner has filed the present Writ Petition. 4.The learned Special Government Pleader appearing for the respondents submitted that on the basis of the proposal submitted by the fifth respondent, the claim of the petitioner would be considered on merits.

5.In view of the above, this Court, without going into the merits of the case, directs the third and fourth respondents to consider the claim of the petitioner for approving her appointment as P.G Assistant (Maths) based on the proposal submitted by the fifth respondent, dated 30.03.2017 and pass appropriate orders on merits and in accordance with law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal Secretary, The Government of Tamil Nadu, Department of School Education, Fort St. George, Secretariat, Chennai - 600 009.

2.The Director of School Education, D.P.I Campus, College Road, Nungambakkam, Chennai - 600 006.

3.The Chief Educational Officer, Nagercoil, Kanyakumari District.

4.The District Educational Officer, Kuzhithurai at Marthandam, Kanyakumari District.

+1 CC to M/s.R.SUBRAMANIAN, Advocate in SR-55174 +1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.55284 W.P(MD)No.12936 of 2017 19.03.2019 ps PK/15.04.2019 : 3P/7C