Sahaya Juli. J v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.14819 of 2024 and W.M.P(MD)No.12989 of 2024 Mrs.J.Sahaya Juli ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Additional Principal Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Chief Educational Officer, The Office of the Chief Educational Officer, Sivagangai.

4.District Educational officer, The Office of the District Educational Officer, Sivagangai.

5.The Correspondent, St.Justin Girls Higher Secondary Shool, Sivagangai - 630 561.

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records pertaining to 1/5

the impugned proceedings, dated 26.08.2019 in A.Thi.Mu.No.2568/A5/2019, on the file of the 4th respondent and quash the same, directing the respondents, to accord approval to the appointment of the petitioner Mrs.J.Sahaya Juli, working as B.T.Assistant (Science) St.Justin Girls Higher Secondary School, Sivagangai, w.e.f. 19.07.2019 and release salary with all monetary and service benefits.

For Petitioner : Mr.Fr.S.Savarimuthu for M/s.Father Xavier Associates For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R1 to R4 Mr.H.T.Anbarasan for R5 * * * * *

ORDER

The instant writ petition has been filed by a B.T. Assistant (Science) Teacher, who was appointed by the fifth respondent School Management, seeking to quash the order passed by the fourth respondent herein, wherein the proposals submitted by the School Management for approval of her appointment has been returned.

2.A perusal of the impugned order reveals that the fourth respondent has referred the interim order passed in W.A.(MD)Nos.76, 225, 241 of 2019, 1612, 1074, 1093, 1461, 1773 and 1531 of 2018 and has returned the said proposal without assigning any further reasons. W.A.(MD)Nos.76, 225, 241 of 2019, 2/5

1612, 1074, 1093, 1461, 1773 and 1531 of 2018 had already been disposed of and SLP, filed as against the order of the Hon'ble Division Bench, has also been disposed of. In such circumstances, the fifth respondent Management is directed to re-submit the proposals to the third respondent herein through the fourth respondent. On such submission, the third and fourth respondent herein are directed to consider the said proposals and pass orders on merits in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

3.With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 29.08.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To 1.The Additional Principal Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Chief Educational Officer, The Office of the Chief Educational Officer, Sivagangai.

4.District Educational officer, The Office of the District Educational Officer, Sivagangai.

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.14819 of 2024 and W.M.P(MD)No.12989 of 2024 29.08.2024 5/5