Madras High CourtWP(MD)/23280/2016disposed of

P.Arul Mary Sinna Rani v. The District Elementary

2016-12-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.23280 of 2016 R.Arul Mary Sinna Rani ..Petitioner -vs1.The District Elementary Educational Officer, Ramanathapuram District.

2.The Assistant Elementary Educational Officer, Bogalur, Ramanathapuram District.

3.RC Primary School, Rep by its Correspondent, P.Muthuchellapuram, Ramanathapuram District.

..Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent herein to consider and pass orders on the proposal dated 29.08.2016 submitted by the 3rd respondent herein seeking approval to petitioner's appointment as Secondary Grade Teacher in the 3rd respondent School from 20.06.2016 onwards with salary and other attendant benefits. For petitioner : Mr.E.V.N.Siva For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader.

O R D E R

This writ petition has been filed, seeking a direction to the first respondent to consider and pass orders on the proposal dated 29.08.2016 submitted by the third respondent seeking approval to the petitioner's appointment as Secondary Grade Teacher in the third respondent school from 20.06.2016 with salary and other attendant benefits.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.According to the petitioner, the third respondent school is a private aided minority educational institution entitled to administer the same in terms of Article 30 (1) of the Constitution of India. One post of Secondary Grade Teacher fell vacant on 15.06.2016 and the third respondent appointed the petitioner in the said post and he is working from 20.06.2016 without salary. On https://hcservices.ecourts.gov.in/hcservices/

29.08.2016, the third respondent school has sent a proposal for approval of appointment of the petitioner to the first respondent through the second respondent. The second respondent has also forwarded the said proposal to the first respondent on 31.08.2016. Since no order has been passed, the present writ petition has been filed.

4.The learned Additional Government Pleader appearing for the respondents would submit that it is agreeable for the first respondent to consider the proposal sent by the third respondent dated 29.08.2016 and pass orders.

5.Under such circumstances, the first respondent is directed to consider the proposal sent by the third respondent dated 29.08.2016 and to pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. 6.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS) To 1.The District Elementary Educational Officer, Ramanathapuram District.

2.The Assistant Elementary Educational Officer, Bogalur, Ramanathapuram District.

3.The Correspondent, RC Primary School, P.Muthuchellapuram, Ramanathapuram District.

+1cc to M/s.E.V.N.Siva, Advocate in SR.78489 +1cc to the Special Government Pleader, in SR.78138 W.P(MD) No.23280 of 2016 01.12.2016 mj PBK/SS-2/KSM 25/01/2017 ::2P-6C:

https://hcservices.ecourts.gov.in/hcservices/