Karthick N v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA and WMP(MD)Nos. 12786 & 20998 of 2023 N.Karthick .. Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai-600 009.
2. The Director of School Education, DPI Complex, College Road, Chennai-600 009.
3. The Chief Educational Officer, District Educational Office, Tallakulam, Madurai-625 002.
4.The District Educational Officer, District Educational Office, Tallakulam, Madurai-625 002.
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5. The Administrator, The Tamil Evangelical Lutheran Church (TELC), P.B.No.86, Tranquebar House, Trichy-620 001.
6. The Correspondent, TELC Girls Higher Secondary School, Usilampatti, Madurai-625 532.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 4th respondent herein to approve the appointment of the petitioner as Record Clerk the 6th respondent School namely TELC Girls Higher Secondary School, Usilampatti, Madurai District and disburse grant-in-aid towards the petitioner's salary.
For Petitioner : Mr.Niranjan S Kumar For Respondents : Mr.T.Amjadkhan Government Advocate for R1 to R4
ORDER
The present writ petition has been filed seeking a Writ of Mandamus to direct the 4th respondent herein to approve the 2/6
appointment of the petitioner as Record Clerk in the 6th respondent School and disburse grant-in-aid towards the petitioner's salary.
2. Heard Mr.Niranjan S Kumar, learned counsel for the petitioner and Mr.T.Amjadkhan, learned Government Advocate for the respondents 1 to 4.
3. The 6th respondent school is one among the numerous recognized educational institutions owned and administered by the Tamil Evangelical Lutheran Church(TELC) and a Judge Administrator was appointed in the year 2022. The petitioner was appointed as Record Clerk on 13.09.2017 in the 6th respondent School in the vacancy arose due to the promotion of one Chandran, who was promoted as a Junior Assistant. The appointment was made by the 5th respondent/Judge Administrator of TELC and the said post is a sanctioned post. When the proposal for appointment was sent by the 6th respondent school, the same was not considered by the respondents.
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4. Therefore, the petitioner has filed a writ petition in W.P(MD)No.5299 of 2018 to consider the proposal sent by the 6th respondent for approval. However, on the representation made by the 4th respondent the proposal will be considered only if the petitioner withdraws the writ petition, the petitioner withdrew the writ petition on the belief that his proposal will be considered favourably. But till now no order has been passed and hence the petitioner has filed this writ petition seeking the same relief.
4. Since the proposal sent for seeking approval to the appointment of the petitioner is pending for orders for more than 6 years without consideration, this writ petition is allowed. The 4th respondent is directed to consider and pass orders on merits within a period of four weeks from the date of receipt of a copy of this order. No Costs. Consequently, connected miscellaneous petitions are closed. 19.06.2024 NCC :yes/no Index :yes/no PJL 4/6
To 1.The Secretary, State of Tamil Nadu, Department of School Education, Fort St. George, Chennai-600 009.
2. The Director of School Education, DPI Complex, College Road, Chennai-600 009.
3. The Chief Educational Officer, District Educational Office, Tallakulam, Madurai-625 002.
4.The District Educational Officer, District Educational Office, Tallakulam, Madurai-625 002.
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R.N.MANJULA, J.
PJL and WMP(MD)Nos.12786 & 20998 of 2023 19.06.2024 6/6