Angel Niruba S.L v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.14308 of 2023 & W.M.P.(MD)Nos.12111 & 19577 of 2023 S.L.Angel Niruba ... Petitioner vs.

1.The Director of School Education, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Nagercoil, Kanyakumari District.

3.The District Educational Officer, Marthandam, Kanyakumari District.

4.The Correspondent, Abraham Memorial Higher Secondary School, Maruthancode, Kanyakumari District - 629 163. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the second respondent Chief Educational Officer to approve forthwith the appointment of petitioner as Lab Assistant in the fourth respondent 1/5

School namely, Abraham Memorial Higher Secondary School, Maruthancode, Kanyakumari District, w.e.f., 03.06.2019 with salary and all other attendant benefits by considering the proposal dated 19.03.2020 together with the petitioner's representation dated 10.03.2023. For Petitioner :

Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents :

Mr.M.Siddharthan, Additional Government Pleader for R1 to R3 Mr.T.Cibichakrabarthy for R4

O R D E R

Heard Mr.K.Ragatheesh Kumar, learned counsel for the petitioner, Mr.M.Siddharthan, Additional Government Pleader for the respondents 1 to 3 and Mr.T.Cibichakrabarthy, learned counsel for the fourth respondent.

2. The petitioner joined as a Lab Assistant in the Abraham Memorial Higher Secondary School on 03.06.2019 against the vacancy that arose due to the retirement of one Thiru.S.Christopher Johnson on 2/5

31.05.2019. For the purpose of getting the petitioner's appointment approved and for the purpose of disbursing grant-in-aid, the fourth respondent School submitted necessary proposal to the second and third respondents. But, till date, the same has not been considered.

3. Mr.T.Cibichakrabarthy, learned counsel appearing for the fourth respondent submitted that the initial proposal sent by the School was returned by the third respondent for want of some clarification. After clarifying the same, the fourth respondent has re-submitted the proposal to the third respondent for further consideration. It is now for the third respondent to accord approval for the appointment of the petitioner and for disbursing the grant-in-aid to her.

4. In view of the above submissions, this writ petition is disposed of with a direction to the third respondent to consider the proposal sent for approval of the appointment of the petitioner and for disbursing the grant-in-aid to her on its own merits and pass appropriate orders in accordance with law within a period of six weeks from the date 3/5

of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petitions are closed.

08.04.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To 1.The Director of School Education, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Nagercoil, Kanyakumari District.

3.The District Educational Officer, Marthandam, Kanyakumari District.

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R.N.MANJULA, J.

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