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Madras High CourtWP(MD)/17931/2019disposed of

M.R. Deepthi Evans v. The Government Of Tamilnadu

2019-08-16Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR M.R.Deepthi Evans

...Petitioner

Vs.

1.The Government of Tamil Nadu, represented by its Principal Secretary, Department of School Education, Fort St.George, Secretariat, Chennai 600 009.

2.The Director of School Education, DPI Campus, Nungambakkam, Chennai 600 006.

3.The Chief Educational Officer, Nagercoil, Kanyakumari District.

4.The District Educational Officer, Thiruvattar, Kanyakumari District.

5.Higher Secondary School, represented by its Chairman and Correspondent, Arumanai 629 151, Kanyakumari District.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 3 and 4 to approve the appointment of the petitioner as P.G.Assistant (Physics) in the fifth respondent school with effect from 03.06.2019 with all attendant monetary benefits,within a time frame fixed by this Court. For Petitioner :Mr.R.Subramanian For Respondents :Mrs.S.Srimathy Special Government Pleader 1/3

ORDER

This Writ Petition has been filed to direct the respondents 3 and 4 to approve the appointment of the petitioner as P.G.Assistant (Physics) in the fifth respondent school with effect from 03.06.2019 with all attendant monetary benefits.

2.Mrs.S.Srimathy, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The learned counsel for the petitioner would submit that the fifth respondent school by order dated 03.06.2019, has appointed the petitioner as P.G.Assistant (Physics) and has sent a proposal in Na.Ka.No.138A/19 dated 28.06.2019, for the approval of petitioner's appointment along with necessary documents to the third respondent through the fourth respondent. But, the aforesaid proposal is now pending and so far, no action has been taken. Hence, the petitioner is before this Court with the present writ petition for the relief stated supra.

4.The learned Special Government Pleader appearing for the respondents would submit that the said proposal dated 28.06.2019, for the approval of petitioner's appointment would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.

5.Having regard to the limited scope of the prayer made by the petitioner and considering the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the third respondent to consider the proposal dated 28.06.2019, for the approval of petitioner's appointment, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) mm To 1.The Principal Secretary, Department of School Education, Fort St.George, 2/3

Secretariat, Chennai 600 009.

2.The Director of School Education, DPI Campus, Nungambakkam, Chennai 600 006.

3.The Chief Educational Officer, Nagercoil, Kanyakumari District.

4.The District Educational Officer, Thiruvattar, Kanyakumari District.

5.Higher Secondary School, represented by its Chairman and Correspondent, Arumanai 629 151, Kanyakumari District.

+1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-82116[F] dated 19/08/2019 ) +1 CC to M/s.SPLGP ( SR-82151[F] dated 19/08/2019 ) 16.08.2019 KK/SAR/03.09.2019/3P-8C/ 3/3