Jegan Jose B v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2022
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH B.Jegan Jose ... Petitioner /Vs./ 1.The State of Tamil Nadu, rep., by its Secretary to Government, School Education Department, Secretariat, Chennai-9.
2.The Commissioner of School Education, College Road, Chennai.
3.The Chief Educational Officer, Nagercoil, Kanyakumari District.
4.The District Educational Officer, Kuzhithurai, Kanyakumari District.
5.The Correspondent, M.M.K.M.High School, Varuthattu, Methukummal Post, Kanyakumari District.
...Respondents
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 petitioner's appointment as Junior Assistant with effect from his date of appointment that is 01.06.2022 and to grant all the service and monetary benefits in consequent to the same within a time stipulated by this Court. 1/4
For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.S.Shaji Bino (for R1 to R4) Special Government Pleader
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
2.The petitioner herein was appointed as Junior Assistant in the fifth respondent's School on 01.06.2022 in the sanctioned vacancy that arose due to retirement of one incumbent, namely, E.Vaijayakumari and on 01.08.2022, the fifth respondent had sent a proposal to the respondents 3 and 4 seeking for approval of the petitioner with effect from 01.06.2022. Since the said proposal was not considered, the present writ petition has been filed. 3.It is needless to point out that whenever a proposal of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the proposal by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its 2/4
extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time. 4.In the light of the above observations, there shall be a direction to the fourth respondent herein to consider the proposal sent by the fifth respondent dated 01.08.2022, on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months 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 petitioners and that it is open to the concerned respondent to consider the same on its own merits. 5.With the above direction, the Writ Petition stands disposed of. No costs.
22.08.2022 Index : Yes / No Internet : Yes/ No Rmk 3/4
M.S.RAMESH , J.
Rmk To:
1.The Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Chennai-9.
2.The Commissioner of School Education, College Road, Chennai.
3.The Chief Educational Officer, Nagercoil, Kanyakumari District.
4.The District Educational Officer, Kuzhithurai, Kanyakumari District.
W.P.(MD)No.18908 of 2022 22.08.2022 4/4