John Fredy v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)No.10852 of 2021 John Fredy ... Petitioner /Vs./ 1.The Director of School Education, College Road, Chennai.

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

3.The District Educational Officer, Kuzhithurai, Kanyakumari District.

4.The Correspondent, St.Aloysius Higher Secondary School, Marthandanthurai, Kollemcode Post, Kanyakumari District.

... Respondents 1/6

P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents more particularly the 2nd and 3rd Respondents to regularize the service of the petitioner herein as Office Assistant with effect from 08.10.2020 in the office of the Correspondent, St. Aloysius Higher Secondary School, Marthandanthurai, Kollemcode Post, Kanayakumari District pursuant to the appointment order dated 08.10.2020 issued by the 4th respondent and to disburse all the monitory benefits consequent to the same. For Petitioner : Mr.J.Sankara Pandian For Respondents : Mr.T.Amjad Khan (R1 to R3) Government Advocate

ORDER

This writ petition has been filed for a writ of mandamus seeking for a direction to the second and third respondents to regularize the service of the petitioner as Office Assistant in the fourth respondent school with effect from 08.10.2020 and disburse all monetary benefits consequent to the same.

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2. Heard Mr.J.Sankara Pandian, learned counsel appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate appearing for the respondents 1 to 3.

3. The petitioner claims that he has been appointed as Office Assistant by the fourth respondent school with effect from 08.10.2020. According to him, the fourth respondent has also submitted a proposal seeking for approval to the petitioner's appointment with the second and third respondents. However, according to him, till date, no final orders have been passed by the second and the third respondents.

4. No prejudice will be caused to the respondents, if a direction is issued to the respondents 2 and 3 to pass final orders on the proposal submitted by the fourth respondent seeking for approval of the appointment of the petitioner as Office Assistant in the fourth respondent school within a time frame to be fixed by this Court.

5. For the foregoing reasons, this Court directs the respondents 2 and 3 to pass final orders on the proposal submitted by the fourth 3/6

respondent seeking approval for appointment of the petitioner as Office Assistant in the fourth respondent school with effect from 08.10.2020 within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 12.08.2024 Index : Yes / No NCC : Yes / No sm 4/6

TO:

1.The Director of School Education, College Road, Chennai.

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

3.The District Educational Officer, Kuzhithurai, Kanyakumari District.

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ABDUL QUDDHOSE, J.

Sm Order made in Dated:

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