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Madras High CourtWP(MD)/18063/2024disposed of

The Correspondent v. The State Of Tamil Nadu

2024-07-31Honourable Ms Justice R.N.Manjula5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.18063 of 2024 & W.M.P.(MD)No.15452 of 2024 The Correspondent CMSES David Memorial Higher Secondary School Karisal Post, Cheranmahadevi, Tirunelveli District - 627 414 ... Petitioner vs.

1.The State of Tamil Nadu Rep. 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, Tirunelveli, Tirunelveli District.

4.The District Educational Officer (Secondary Education) Tirunelveli, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the fourth respondent 1/5

District Educational Officer to approve forthwith the appointment of P.Jebamani as Watchman in petitioner School w.e.f. the date of his appointment i.e., 03.06.2019 with all attendant benefits including the arrears of salary and allowance by considering the proposal dated 28.08.2020.

For Petitioner :

Mr.M.F.Rooshi Maas for M/s.Isaac Chambers For Respondents :

Mr.M.Siddharthan Additional Government Pleader

O R D E R

Heard Mr.M.F.Rooshi Maas, learned counsel appearing for the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader appearing for the respondents.

2. The petitioner School, which has appointed one P.Jebamani as Watchman in a vacancy that arose due to the death of the then incumbent F.George Devapitcha, had submitted a proposal to the third respondent through the fourth respondent on 20.03.2023 together with the required particulars and documents for approval of appointment. Since 2/5

no orders were passed on the said proposal, I feel it is appropriate to direct the respondents 3 and 4 to consider the same and pass orders within a time frame.

3. In the light of the above observations, the writ petition is disposed of and the respondents 3 and 4 are directed to consider the petitioner School's proposal dated 20.03.2023 for approval of appointment of one P.Jebamani as Watchman on 03.06.2019 on its own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. 31.07.2024 (1/2) NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 3/5

To 1.The 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, Tirunelveli, Tirunelveli District.

4.The District Educational Officer (Secondary Education) Tirunelveli, Tirunelveli District.

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R.N.MANJULA, J.

mbi 31.07.2024 (1/2) 5/5