The Correspondent v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.18064 of 2024 & W.M.P.(MD)No.15454 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 District Educational Officer to approve forthwith the appointment of 1/5

T.Vinos Selvakumar as Office Assistant in petitioner School w.e.f. the date of his appointment i.e., 18.01.2023 with all attendant benefits including the arrears of salary.

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 T.Vinos Selvakumar as Office Assistant in a vacancy that arose due to the retirement of the then incumbent S.William Packiyanathan, had submitted a proposal to the fourth respondent on 15.02.2023 together with the required particulars and documents for approval of appointment. Since no order was passed on the said proposal, the present writ petition has been filed.

2/5

3. Since no orders were passed on the proposal submitted by the petitioner School, I feel it is appropriate to direct the fourth respondent to consider the same and pass orders within a time frame.

4. In the light of the above observations, the writ petition is disposed of and the fourth respondent is directed to consider the petitioner School's proposal dated 15.02.2023 for approval of appointment of one T.Vinos Selvakumar as Office Assistant on 18.01.2023 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 (2/2) 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.

4/5

R.N.MANJULA, J.

mbi 31.07.2024 (2/2) 5/5