The Correspondent v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.16701 of 2017 and W.M.P.(MD)No.13306 of 2017 The Correspondent, St.Aloysius Girls Higher Secondary School, Thoothukudi - 628 001.
Thoothukudi District.
... 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 - 600 006.
3. The Chief Educational Officer, Thoothukudi, Thoothukudi District.
4. The District Educational Officer, Thoothukudi, Thoothukudi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, directing the fourth respondent District Educational Officer to approve forhwith the appointment of C.Hermin as Junior Assistant in the petitioner school w.e.f., 03.12.2014, with all attendant benefits including the arrears of salary and allowance.
For Petitioner : Mr.K.Prabhu For Respondents : Mr.D.Muruganantham Additional Government Pleader
O R D E R
*********** By consent of both parties, the writ petition itself is taken up for final disposal.
2.The petitioner school namely, St.Aloysius Girls Higher Secondary School, Thoothukudi is a recognized and aided Minority Educational Institution owned and administered by the registered society namely, 'The Society of the Congregation of the Mother of Sorrows Servants of Mary, Chennai. The petitioner school is presently offering education from standards VI to XII. The school was initially established as a High School in the year 1925 and it was subsequently upgraded as a Higher Secondary School in the year 1978 and the medium of instruction is Tamil and English. Further, the petitioner school is providing free education to the children excepting a small sum specified by the Government. 3.Under such circumstances, one post of Junior Assistant fell vacant in the petitioner school on 01.04.2009, due to the retirement of the then incumbent Tmt.Joncy Rani Meranda on 31.03.2009. Hence, the petitioner school finding one Tmt.C.Hermin as a fully qualified candidate, appointed her as a Junior Assistant with effect from 03.12.2014.
4.Subsequently, for getting the grant-in-aid for payment of salary to Tmt.C.Hermin, the petitioner school submitted a proposal to the fourth respondent / District Educational Officer, Thoothukudi on 07.12.2014, clearly mentioning that Tmt.C.Hermin was appointed as a Junior Assistant in a sanctioned post which fell vacant due to the retirement of Tmt.Joncy Rani Meranda on 31.03.2009. Finding no response, the petitioner school sent several reminders on 10.06.2015 etc., requesting to approve the appointment of Tmt.C.Hermin as Junior Assistant in the petitioner school.
Since, the said representations are pending consideration, the petitioner has come to this Court with the present Writ Petition.
5.In similar circumstances, this Court has settled the issue that whenever any proposal is sent by the minority educational institution, seeking an order of approval of appointment of either teaching or non-teaching staff stating that the appointments have been made in sanctioned posts, the educational authority without delaying the said requests for grant of an order of approval to the said appointments should consider the same on merits.
6.The learned Additional Government Pleader, appearing for the respondents sought sufficient time to consider the pending representations.
7.Considering the limited scope of the prayer sought for by the petitioner and also considering the fact that the issue has been well settled that no prior permission is required for filling up of sanctioned posts, this Court hereby directs the respondents to consider the same on merits and pass orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
8.The writ petition stands disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar( ) /True copy/ Sub Assistant Registrar To
1. The Secretary to Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai - 600 009.
2. The Director of School Education, College Road, Chennai - 600 006.
3. The Chief Educational Officer, Thoothukudi, Thoothukudi District.
4. The District Educational Officer, Thoothukudi, Thoothukudi District.
+1 cc to Mr.K.Prabhu , Advocate in SR.No. 76554 +1 cc to The Special Government Pleader in SR.No.76849 MR/MRN AE/JC/SAR1/22.09.2017/3P/7C W.P.(MD)No.16701 of 2017 05.09.2017