Madras High CourtWP(MD)/16792/2016disposed of

Y.Nesamani, D/O.Late.Yoseyapu v. Director Of School

2016-09-12Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.16792 of 2016 Y.Nesamani ... Petitioner -vs1.The Director of School Education, DPI campus, Chennai.

2.The District Educational Officer, Ramanathapuram, Ramanathapuram District.

3.Bishop-Manager of schools, Diocese of Madurai and Ramanathapuram, Church of South India, A.V.H.Building, 1st floor, No.62, East Veli Street, Madurai.

4.The Correspondent, St.Andrews Girls Higher Secondary School, Ramanathapuram.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 4th respondent take necessary step to ratify petitioner's appointment as Lab Assistant in the 4th respondent school with in the stipulated time prescribed by the Court pursuant to the representation dated 05.08.2015 given to the respondents. For Petitioner : Mr.T.Muruganantham For RR -1 & 2 : Mrs.S.Bharathi Government Advocate For RR - 3 & 4 : No appearance

O R D E R

This writ petition has been filed to direct the fourth respondent to ratify the petitioner's appointment as Lab Assistant in the fourth respondent school based on the representation of the petitioner dated 05.08.2015 within a stipulated time prescribed by this Court.

2.Heard Mr.T.Muruganandanam, learned counsel appearing for the petitioner and Mrs.S.Bharathi, learned Government Advocate who takes notice for the respondents 1 and 2. By consent, the https://hcservices.ecourts.gov.in/hcservices/

writ petition itself is taken up for final disposal at the admission stage.

3.It is the grievance of the petitioner that the petitioner is working in the fourth respondent school from 01.07.2014 without any salary on the fond hope that the fourth respondent would take steps to get her appointment ratified. However, no steps have been taken by the respondents. Therefore, she submitted a representation dated 05.08.2015 to the respondents seeking for the above said relief. Since no order has been passed so far, the present writ petition has been filed. 4.Learned counsel appearing for the petitioner submitted that the issue involved in this writ petition is squarely covered by the orders of this Court in W.P(MD)Nos.11481 of 2008 etc., batch of writ petitions, dated 15.03.2016, wherein a direction was issued to the respondents to approve the appointment of the non-teaching staff in the Private Aided Schools and to sanction grant.

5.In view of the said submission, the respondents are directed to consider the representation of the petitioner dated 05.08.2015 in the light of the order passed in W.P(MD)Nos.11481 of 2008 etc., batch of writ petitions, dated 15.03.2016 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petition is disposed of. No costs.

Sd/ Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To 1.The Director of School Education, DPI campus, Chennai.

2.The District Educational Officer, Ramanathapuram, Ramanathapuram District.

+1cc to M/S.T.Muruganantham, Advocate in SR.No.51664 +1cc to Special Government Pleader in SR.No.51956 W.P(MD)No.16792 of 2016 12.09.2016 mj PA/SK-SKN/17.10.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/