Gandhi Niketan v. Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.16960 to 16962 of 2017 and W.M.P(MD)Nos.13527 to 13529 of 2017 Gandhi Niketan G.Venkatachalapathy Higher Secondary School rep. by its Secretary, Mrs.V.Radha Gandhi Niketan Ashram, T.Kallupatti, Madurai - 625 702.
... Petitioner in all WPs Vs.
1.Government of Tamil Nadu rep. by Secretary to Government, School Education Department, Secretariat, Chennai - 600 006.
2.The Director of School Education, DPI, Campus, College Road, Chennai - 600 006.
3.The District Educational Officer, Usilampatti, Madurai District.
... Respondents in all WPs PRAYER in W.P(MD)No.16960 of 2017: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order vide proceedings in Na.Ka.No.2405/AA3/2017 dated 01.08.2017 passed by the third respondent and quash the same and consequently direct the respondents to approve the appointment of Mr.K.Venkittaraman in the post of Office Assistant in the petitioner school with effect from 28.06.2017 i.e from his date of appointment with all consequential benefits.
PRAYER in W.P(MD)No.16961 of 2017: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Na.Ka.No.2407/AA3/2017 dated 01.08.2017 passed by
the third respondent and quash the same and consequently direct the respondents to approve the appointment of Mr.K.Shokkeswaran in the post of Record Clerk in the petitioner school with effect from 28.06.2017 i.e from his date of appointment with all consequential benefits.
PRAYER in W.P(MD)No.16962 of 2017: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Na.Ka.No.2407/AA3/2017 dated 01.08.2017 passed by the third respondent and quash the same and consequently direct the respondents to approve the appointment of Mr.M.Muthukumar in the post of Lab Assistant in the petitioner school with effect from 28.06.2017 i.e from his date of appointment with all consequential benefits.
In all Wps;
For Petitioner : Mr.S.Chandrasekarn For Respondent : Mr.J.Gunaseelanmuthiah Addl. Govt. Pleader COMMON ORDER In all these writ petitions, the validity of the order passed by the third respondent declining to grant approval to the appointment of non-teaching staff is under question. It is not in dispute that in all the cases that the appointments were made in respect of sanctioned posts. It is also not in dispute that the appointees possess the qualifications required for being so appointed. The only ground on which the rejection orders have been passed is that the prior approval was not obtained. It has been consistently held by this Court that while filling up vacancy in respect of sanctioned post, there is no need to get prior permission. Therefore, the reasons set out in the impugned orders are clearly bad in law.
Hence, the orders impugned in these writ petitions are quashed. The third respondent is directed to approve the appointments in question forthwith and also disburse the grant in aid towards salary and other benefits without delay. 2.With the above directions, these writ petitions stand allowed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar
To 1.The Secretary to Government, School Education Department, Secretariat, Chennai - 600 006.
2.The Director of School Education, DPI, Campus, College Road, Chennai - 600 006.
3.The District Educational Officer, Usilampatti, Madurai District.
+1CC TO M/S.S.CHANDRA SEKARAN, ADVOCATE, SR NO.53086 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.53596 W.P.(MD)Nos.16960 to 16962 of 2017 and W.M.P(MD)Nos.13527 to 13529 of 2017 05.03.2018 SKN MS/SKN-RSK/SAR-2/14.03.2018/3P.6C