The Government Of Tamil Nadu v. A Christin Susaimanickam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)No.14858 of 2024 1.The Government of Tamil Nadu, Rep. By its Additional Chief Secretary, Department of School Education, Fort St. George, Chennai - 9.
2.The Director of School Education, DPI Campus, College Road, Chennai - 6.
3.The Chief Educational Officer, Office of the Chief Educational Officer, Dindigul.
4.The District Educational Officer, Office of the District Educational Officer, Dindigul.
... Appellants -vs1.A.Christan Susaimanickam 2.The Correspondent, St.Marcellin Higher Secondary School, Mangamanuthu, Dindigul District.
... Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against the order passed by this Court in W.P.(MD)No.28218 of 2023, dated 04.12.2023.
For Appellants : Mr.S.P.Maharajan, Special Government Pleader For Respondents : Mr.S.Savari Muthu For M/s.Father Xavier Associates
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.] Mr.S.Savari Muthu, learned counsel takes notice for the respondents.
2.The State is on Appeal. The challenge in the Writ Appeal is to the order dated 14.09.2023, in and by which, the 4th respondent had returned the proposal for approval of appointment of one A.Christin Susaimanickam as a BT Assistant (History) in the 2nd respondent School with effect from 01.06.2023.
3.The only reason for return is there are no directions from the Director of School Education, for approval of his appointment. This Court as well as the Hon'ble Supreme Court have repeatedly held that the approval of appointments to sanctioned posts, that too by Minority Institutions, cannot be withheld by the authorities awaiting orders from
the Director. Once it is found that the post is within sanctioned strength of the School, approval ought to be granted. The Writ Court has just done that. Therefore, we see no merit in the Writ Appeal. 4.Hence, the Writ Appeal is dismissed. The appellants will approve the appointment of the 1st respondent as the BT Assistant (History) in the 2nd respondent School within a period of 12 weeks from the date of receipt of copy of this order and pay all salary and allowances payable to him from the date of his initial appointment i.e., on 01.06.2023. No Costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 24.10.2024 NCC :Yes/No Index :Yes/No Internet: Yes Mrn
To 1.The Additional Chief Secretary, Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai - 9.
2.The Director of School Education, DPI Campus, College Road, Chennai - 6.
3.The Chief Educational Officer, Office of the Chief Educational Officer, Dindigul.
4.The District Educational Officer, Office of the District Educational Officer, Dindigul.
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
Mrn 24.10.2024