The Correspondent v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA The Correspondent, Kamaraj Memorial Higher Secondary School, Panthaluvilai, Manjalumoodu Post, Kanyakumari District.

...Petitioner

Vs 1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

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

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

... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondents to approve the appointment of S.T.Sreetha as B.T.Assistant Science from the date of the petitioner's initial appointment that is from 01.08.2023 by converting the post of Secondary Grade Teacher and to pay arrear of salary and all attendant service and monetary benefit consequent to the same within a stipulated time that may be prescribed by this Court.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.M.Siddharthan Additional Government Pleader

O R D E R

Heard Mr.S.C.Herold Singh, learned counsel for the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader for the respondents.

2. This Writ Petition has been filed for issuance of Writ of Mandamus, seeking direction against the respondents to approve the appointment of S.T.Sreetha as B.T.Assistant Science from the date of her initial appointment that is from 01.08.2023 by converting the post of 2/5

Secondary Grade Teacher and to pay arrear of salary and all attendant service and monetary benefits.

3. The grievance of the petitioner is that the proposal for approval to the appointment of the incumbent viz., S.T.Sreetha as B.T.Assistant (Science), in the petitioner's School, w.e.f. 01.08.2023, was forwarded to the educational authorities on 30.10.2023. Thereafter, the petitioner School submitted remainders on 30.06.2024. Since the said proposal was not considered, the present writ petition has been filed.

4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondents, to consider the petitioner's proposal dated 30.06.2024 on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the respondents to consider the same on its own merits.

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5. With the above direction, the Writ Petition stands disposed of. No costs.

02.08.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Secretary, The State of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

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

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

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R.N.MANJULA, J.

Nsr 02.08.2024 5/5