Umasankari .S v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.13089 of 2023 and WMP(MD)No.24369 of 2023 S.Umasankari .. Petitioner Vs.
1. The Chief Educational Officer, O/o. the Chief Educational Officer, Madurai, Madurai District.
2. The District Educational Officer (Secondary Grade), O/o. the District Educational Officer, Madurai, Madurai District-625 002.
3.The Secretary,, Savithabai (Kovai) Higher Secondary School, Thirunagar, Madurai District-625 006.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondent No.1 to approve the appointment of the petitioner as the P.G.Assistant (Physics) in the 3rd respondent School vide the 1/5
Appointment order dated 30.01.2023 with all monetary and service benefits within the time stipulated by this Court. For Petitioner : Mr.S.Louis For Respondents : Mr.T.Amjadkhan Government Advocate
ORDER
Heard Mr.S.Louis, learned counsel appearing for the petitioner and Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents.
2. The petitioner has filed this writ petition seeking Writ of Mandamus to direct the 1st respondent to approve the appointment of the petitioner as the P.G.Assistant (Physics) in the 3rd respondent School vide the Appointment order dated 30.01.2023 with all monetary and service benefits within the specified time.
3. The learned counsel appearing for the petitioner submitted that the 3rd respondent school is a non-minority stand alone school. One S.Meena, who was working as P.G Assistant (Physics) in the sanctioned 2/5
post got promoted as Headmistress on 01.08.2022. Hence, the said post remains vacant. The School management sought prior permission from the authorities for appointing a P.G Assistant Teacher in Physics on 26.11.2022. Since there was delay on the side of the department in processing the papers, in the interest of students, the writ petitioner was appointed as P.G Assistant (Physics) on 30.01.2023.
4. A proposal was sent to the authorities on the same day, namely 30.01.2023 for approval. So far, the second respondent has not responded to the said request. Hence, the present writ petition.
5. According to the learned Additional Government Pleader appearing for the respondents, the application is pending with the 2nd respondent and he will pass orders within a time frame fixed by this Court.
6. Considering the above said facts, the 1st respondent is directed to pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of this order on its own 3/5
merits and in accordance with law.
7. With the above directions, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 21.06.2024 Index : Yes / No NCC : Yes / No PJL To
1. The Chief Educational Officer, O/o. the Chief Educational Officer, Madurai, Madurai District.
2. The District Educational Officer (Secondary Grade), O/o. the District Educational Officer, Madurai, Madurai District-625 002.
3.The Secretary,, Savithabai (Kovai) Higher Secondary School, Thirunagar, Madurai District-625 006.
4/5
R.N.MANJULA , J.
PJL W.P.(MD)No.13089 of 2023 and WMP(MD)No.24369 of 2023 21.06.2024 5/5