M.Vasanthi v. The Director Of School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P.(MD)Nos.15227 & 15228 of 2024 M.Vasanthi ... Petitioner vs.
1.The Director of School Education, DPI Campus, Nungambakkam, Chennai.
2.The Chief Educational Officer, Thanjavur.
3.The District Educational Officer, Secondary Education, Kumbakonam, Thanjavur District.
4.Srinivasa Rao Government Aided Higher Secondary School, Through its Secretary, Thiruvaiyaru - 613 204, Thanjavur District.
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified mandamus calling for the records relating to the impugned proceedings in O.Mu.No.9365/A1/2023 dated 15.04.2024 passed by the 2nd respondent and quash the same and consequently direct the respondents 1 to 3 to approve the promotional appointment of the petitioner as Junior Assistant from the date of her appointment i.e. 31.05.2023 in the 4th respondent school with all service and monetary benefits.
For Petitioner :Mr.V.R.Shanmuganathan For Respondents :Mr.M.Siddharthan (R1 to R3) Additional Government Pleader
ORDER
Heard Mr.V.R.Shanmuganathan, learned counsel appearing for the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader appearing for the respondents 1 to 3. In view of the limited relief to be granted in this writ petition, notice to the fourth respondent is dispensed with.
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2. The petitioner, who has been promoted from the post of Water Woman to the post of Junior Assistant has filed this writ petition seeking to quash the impugned proceedings of the second respondent in O.Mu.No.9365/A1/2023 dated 15.04.2024 and to direct the respondents 1 to 3 to approve her promotion as Junior Assistant with effect from i.e., 31.05.2023 in the fourth respondent school with all service and monetary benefits.
3. The petitioner, who has been appointed as Water Woman on 02.04.2018 in the fourth respondent School was promoted to the post of Junior Assistant on 31.05.2023. When the fourth respondent School sent a proposal to the third respondent seeking for approval, the same has been returned seeking certain clarifications and additional documents. In the impugned proceedings, it is stated that there are no guidelines in respect of other appointments except the appointments to the post of Headmaster and P.G. Assistant.
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4. When the second respondent knows pretty well that the proposal is only in respect of the promotion to the post of Junior Assistant, he has invited a reference to the guidelines issued to the appointments to the post of Headmaster and P.G. Assistant and stated that guidelines in respect of the petitioner's appointment has not been issued. It is for the authorities to look upon any Guidelines / Rules / Regulations covering the promotion issue. So far as the other requirements are concerned, it is for the fourth respondent to take a call and re-submit the proposal by attaching necessary documents. Though the petitioner has not received the order impugned, she is the aggrieved party. In such case, the petitioner is at liberty to give a representation to the fourth respondent by attaching a copy of the order and request them to re-submit the proposal enabling them to get approval to her promotion.
5. In view of the above observations, the writ petition is disposed of and the petitioner is at liberty to give a representation to the fourth respondent by attaching a copy of this order and request them to re4/6
submit the proposal in order to enable them to get approval to her promotion. No costs. Consequently, connected Miscellaneous Petitions are closed.
31.07.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order sm To 1.The Director of School Education, DPI Campus, Nungambakkam, Chennai.
2.The Chief Educational Officer, Thanjavur.
3.The District Educational Officer, Secondary Education, Kumbakonam, Thanjavur District.
4.Srinivasa Rao Government Aided Higher Secondary School, Through its Secretary, Thiruvaiyaru - 613 204, Thanjavur District.
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R.N.MANJULA, J.
sm 31.07.2024 6/6