S.Josephin Vijaya v. The District Educational
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.15274 of 2016 **** S.Josephin Vijaya ...
Petitioner Vs 1.The District Educational Officer, Cheranmadevi, Tirunelveli District.
2.The Correspondent, St.Antony's High School, Somanathaperi, Tirunelveli District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the first respondent to approve the promotion of the petitioner as B.T.Assistant with effect from 01.06.2012 with all monetary benefits by considering the proposal submitted by the second respondent dated 16.09.2015.
For petitioner :Mr.V.Paneer Selvam For R.1 : Mr.T.S.Mohammed Mohideen Additional Government Pleader
ORDER
The petitioner herein seeks for the issuance of a Writ of Mandamus, directing the first respondent to approve the promotion of the petitioner as B.T.Assistant with effect from 01.06.2012 with all monetary benefits by considering the proposal submitted by the second respondent, dated 16.09.2015.
2.
The case of the petitioner is that she was appointed as Secondary Grade Assistant on 26.11.1992 and posted at R.C.Elementary School at Barbarammalpuram under the control of R.C.Managment, Tuticorin Diocese. Her appointment was approved and she was transferred to St.Antony's Middle School, Somanathaperi, On 16.03.1994. Thereafter, the school was upgraded https://hcservices.ecourts.gov.in/hcservices/
as High School in the year 1998. While so, on 31.05.2012, one Mr.M.Pauldurai reached the age of superannuation. On account of the vacancy caused thereby, the petitioner was promoted as B.T.Assistant on 01.06.2012 and the second respondent sent a proposal for approval to the first respondent, however, the same has not been considered by the respondents. Aggrieved by the same, the petitioner is before this Court.
3.
Learned counsel for the petitioner submitted that, despite submitting all the relevant documents, the first respondent used to return the proposal under one pretext or the other. Therefore, petitioner would be satisfied if the proposal is directed to be disposed of, by the authority, within a reasonable time.
4.
Mr.Mohammed Mohideen, learned Government Advocate takes notice for the first respondent.
5.
In view of the limited prayer sought for, the first respondent is directed to dispose of the proposal, dated 16.09.2015, on merits and in accordance with law and pass appropriate orders thereon, within a period of four weeks from the date of receipt of a copy of this Order.
6.
With the above direction, this Writ Petition stands disposed of. No costs.
Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The District Educational Officer, Cheranmadevi, Tirunelveli District.
+1 cc to Special Government Pleader Sr.No.45973 +1 cc to MR.V.PANNEER SELVAM, Advocate SR.No.45671 W.P(MD).No.15274 of 2016 18.08.2016 SMA/GSV-PM/07/09/2016 :2P/4C https://hcservices.ecourts.gov.in/hcservices/