M.Selvi, D/O.Manuel, v. The District Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.15583 of 2017 M.Selvi Daughter of Manuel, (Secondary Grade Teacher), Pagaiventri, Vallam Post, Paramakudi Taluk, ... Petitioner Vs.

1. The District of Elementary Educational Officer, Ramanathapuram, Ramanathapuram District.

2. The Additional Assistant District of Elementary Educational Officer, Kadaladi, Ramanathapuram District.

3. The Correspondent, R.C.Primary School, Narippaiyur, Kadaladi Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to approve the appointment of the petitioner as Secondary Grade Teacher in 3rd respondent school from the date of appointment i.e.12.01.2017 with salary and all other attendant benefits by passing appropriate orders on the proposal dated 12.01.2017 submitted by the 3rd respondent school within the time limit fixed by this Court.

For Petitioner : Mr.S.Manikandan For Respondents : Mr.R.Karthikeyan 1&2 Additional Government Pleader

O R D E R

By consent of both sides, the writ petition is taken up for final disposal.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. The petitioner, who was appointed as a Secondary Grade Teacher in a sanctioned post that fall vacant on 12.01.2017 in the third respondent School vide order, dated 12.01.2017 passed by the Superintendent of R.C.Schools, R.C.Diocese of Sivagangai, as the petitioner was fully qualified. Since she has also passed Teacher Eligibility Test examination, the third respondent School Management forwarded the proposal on 12.01.2017 with all required documents to the respondents 1 and 2. But, till date, no orders have been passed. Therefore, the petitioner is before this Court for a direction to the respondents 1 and 2 to consider the said proposal.

4. The learned Additional Government Pleader, who takes notice for the respondents sought four weeks time to consider the said proposal.

5. A perusal of the proposal shows that the post fall vacant on account of transfer of another Teacher. Therefore, this Court finds no impediment to direct the respondents 1 and 2 to consider the said proposal, which is pending for a long time.

6. In view of the said submission, the respondents 1 and 2 are directed to consider the proposal of the third respondent School within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The District of Elementary Educational Officer, Ramanathapuram,

2. The Additional Assistant District of Elementary Educational Officer, Kadaladi, Ramanathapuram District.

3. The Correspondent, R.C.Primary School, Narippaiyur, Kadaladi Taluk, +1cc to The Special Government Pleader in SR.No.73857 Is/RR AE/SV MMS/SAR1/14.09.2017/3P/5C W.P.(MD)No.15583 of 2017 21.08.2017