Amutha. P v. The Joint Director(Secondary Education) Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA P.Amutha

...Petitioner

Vs 1.The Joint Director (Secondary Education) of School Education, College Road, Chennai - 06.

2.The Chief Educational Officer, Thanjavur.

3.The District Educational Officer, Thanjavur.

4.The Secretary / Special Tahsildar, Sathiram Management, Collectorate Office, Thanjavur.

5.The Headmaster, Rajah's Government Aided Higher Secondary School, Thanjavur - 613 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to grant necessary approval and to regularize the petitioner's service from 28.08.2015 for the compassionate appointment 1/6

made by the fourth respondent for the post of Junior Assistant in the fifth respondent's School within the time limit stipulated by this Court. For Petitioner : Mr.R.Saravanan For Respondents : Mr.M.Siddharthan Additional Government Pleader

O R D E R

Heard Mr.R.Saravanan, learned counsel for the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader for the respondents.

2. This Writ Petition has been filed for issuance of Writ of Mandamus, seeking direction against the respondents 1 to 3 to grant necessary approval and to regularize the petitioner's service from 28.08.2015 for the compassionate appointment made by the fourth respondent for the post of Junior Assistant in the fifth respondent's School.

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3. Mr.R.Saravanan, learned counsel for the petitioner submitted that the petitioner's husband, who was working as Physical Director Teacher at the fifth respondent School, died on 18.01.2009 while he was in service. In pursuant thereof, the fourth respondent vide order dated 28.08.2015 temporarily appointed the petitioner under compassionate scheme. From 28.08.2015, the petitioner was working as a Junior Assistant in the fifth respondent School on temporary basis only. Hence, she approached the respondents to regularize her service and to grant approval.

4. It is further submitted that as per G.O.(Ms)No.18 dated 23.01.2020, the appointment made under compassionate should be regularized within one year. But in the instant case, the respondents neither approved the petitioner's appointment nor regularized her service. Hence, the petitioner approached this Court by way of filing this Writ Petition.

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5. Considering the facts and circumstances of the case, the respondents 1 to 3 are directed to consider the petitioner's claim with regard to approval and regularization of her service from 28.08.2015 as Junior Assistant in the fifth respondent's School and pass orders on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order.

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

09.07.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 4/6

To:

1.The Joint Director (Secondary Education) of School Education, College Road, Chennai - 06.

2.The Chief Educational Officer, Thanjavur.

3.The District Educational Officer, Thanjavur.

4.The Secretary / Special Tahsildar, Sathiram Management, Collectorate Office, Thanjavur.

5.The Headmaster, Rajah's Government Aided Higher Secondary School, Thanjavur - 613 001.

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R.N.MANJULA, J.

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