Girls Christian Hr. Sec. v. The Director Of School
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2017
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.1488 of 2016 and WMP(MD) No.1251 of 2016 Girls' Christian Higher Secondary School Under the Management of Tamil Evangelical Lutheran Church (TELC), Thanjavur-613 001 Rep. by its Correspondent, R.Benjamin Jeyaraj, S/o.Rajaretnam ... Petitioner -vs1.
The Director of School Education, DPI Campus, College Road, Chennai-600 006.
2.
The Chief Educational Officer, 3.
The District Educational Officer, ... Respondents Prayer: Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to approve the appointment of BT Assistant Teachers, viz., Tmt.P.V.Dolly Parvatham in the post of BT Assistant (English) and N.Bhuvaneswari in the post of BT Assistant (Science) from the date of their appointment with payment of salary and other benefits along with interest, by considering the representation submitted by the petitioner school dated 04.11.2015 within a time frame to be fixed by this Hon'ble Court. For petitioner : Mr.G.Sankaran For Respondents : Mr.M.Rajarajan Govt. Advocate *****
O R D E R
This writ petition has been filed, seeking to direct the respondents to approve the appointment of BT Assistant Teachers, viz., Tmt.P.V.Dolly Parvatham in the post of BT Assistant (English) and N.Bhuvaneswari in the post of BT Assistant (Science)
from the date of their appointment with payment of salary and other benefits along with interest, by considering the representation submitted by the petitioner school dated 04.11.2015.
2. The case of the petitioner school (in short "the school") is that it is a Christian Minority School under the Management of Tamil Evangelical Lutheran Church (TELC); that pursuant to the vacancies arisen in the school, one P.V.Dolly Parvatham and N.Bhuvaneswari were appointed as BT Assistant (English) and BT Assistant (Science) respectively against sanctioned posts; that the school sent a representation to the respondents dated 04.11.2015 for approval of their appointment and since the same did not evoke any response, the school is before this Court with the above prayer.
3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents, who would submit that the respondents are prepared to consider the representation of the school and to pass suitable orders on the same.
4. In view of the above submission, this Court, without expressing any opinion on the merits of the matter, directs the concerned respondent, who is competent to take a decision in this matter, to consider the representation dated 04.11.2015, submitted by the petitioner school and to pass appropriate orders thereon on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order, if there is no legal impediment to do so.
5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed SD/- ASSISTANT REGISTRAR(WRITS) /TRUE COPY/ SUB ASSISTANT REGISTRAR To:
1.
The Director of School Education, DPI Campus, College Road, Chennai-600 006.
2.
The Chief Educational Officer,
3.
The District Educational Officer, +1 CC TO M/S.F.DEEPAK,ADVOCATE,SR NO.11084 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.11168 ar MAS/MR/SAR4:18.04.2017:3P-6C W.P.(MD) No.1488 of 2016 27.02.2017