Madras High CourtWP(MD)/15945/2022disposed of

Satheesh Kumar.S v. The Director Of School Education

2023-02-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 03.11.2022 DELIVERED ON : 08.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.11508 & 11512 of 2022 S.Satheesh Kumar ... Petitioner Vs 1.The Director of School Education, College Road, Chennai - 600 009.

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

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

4.The Secretary, Sree Devi Girls Higher Secondary School, Kollemcode - 629 160, Kanykumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceeding issued by the third respondent District Educational Officer in O.Mu.No.3710/A2/2021 dated 13.08.2021, quash the 1/4

same and direct the third respondent District Educational Officer to approve forthwith the appointment of the petitioner as Watchman in the fourth respondent school namely, Sree Devi Girls Higher Secondary School, Kollemcode, Kanyakumari District w.e.f. the date of his appointment viz., 17.12.2018 with all attendant benefits including the arrears of salary and allowances.

For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents : Mr.R.Baskaran Additional Advocate General Assisted by Mr.S.Shaji Bino Special Government Pleader

ORDER

Heard the learned counsel on either side.

2.The writ petitioner was appointed in the fourth respondent school as Watchman with effect from 17.12.2018. The fifth respondent school is a nonminority institution. Vide order dated 07.02.2023 made in W.P.(MD)No.13428 of 2020, I had upheld the validity of G.O.(Ms) No.238, dated 13.11.2018. I had also held that approval of appointments made prior to issuance of G.O.(Ms) No. 238, dated 13.11.2018 will be considered on merits and in accordance with law 2/4

without reference to the said Government Order. Any appointment made after issuance of G.O.(Ms) No.238, dated 13.11.2018 will of course be subject to the said Government Order.

3.This writ petition is disposed of on the same lines. No costs. Consequently, connected miscellaneous petitions are closed. 08.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No SKM To 1.The Director of School Education, College Road, Chennai - 600 009.

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

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

4.The Secretary, Sree Devi Girls Higher Secondary School, Kollemcode - 629 160, Kanykumari District.

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G.R.SWAMINATHAN, J.

Skm 08.02.2023 4/4