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Madras High CourtWP(MD)/20704/2023allowed

R.Caroline v. The Govt. Of Tamil Nadu

2024-03-12Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and WMP(MD)No.17122 of 2023 R.Caroline ....Petitioner /Vs/

1. The Govt. of Tamil Nadu, Rep. by its Principal 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, The Office of the Chief Educational Officer, Tirunelveli District.

4. The District Educational Officer, The Office of the District Educational Officer, Vallioor, Tirunelveli District.

5. The District Educational Officer (Secondary Education), The Office of the District Educational Officer, Tirunelveli.

6. The Correspondent, Sacred Heart Higher Secondary School, Kavalkinaru-627 105, Tirunelveli District.

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... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records, pertaining to the impugned proceedings, dated 30.06.2023, in O.Mu.No.1511/A6/2023, on the file of the 5th respondent, and quash the same, directing the respondents, to accord approval to the appointment of the petitioner, A.Caroline, working as B.T.Assistant (Maths) in the 6th respondent, Sacred Heart Higher Secondary School, Kavalkinaru, Tirunelveli District, w.e.f.01.06.2018, and release salary with all monetary and service benefits. For Petitioner : Fr.S.Savarimuthu For Respondents : Mr.P.T.Thiraviam (R1-R5) Government Advocate

ORDER

The present writ petition has been filed challenging the impugned proceedings, dated 30.06.2023, in O.Mu.No.1511/A6/2023, on the file of the 5th respondent, and quash the same, directing the respondents, to accord approval to the appointment of the petitioner, A.Caroline, working as B.T.Assistant (Maths) in the 6th respondent, Sacred Heart Higher Secondary School, Kavalkinaru, Tirunelveli District, w.e.f.01.06.2018, and release salary with all monetary and service benefits.

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2.Heard, the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1-5. Perused the materials on record.

3.The present writ petition has been filed by a B.T.Assistant Maths challenging the order passed by the fifth respondent, dated 30.06.2023, in which, her appointment has not been approved.

4. A perusal of the impugned order indicates that the approval has been rejected primarily on the ground that SLP is pending before the Hon'ble Supreme Court challenging the orders of this Court in a batch of writ appeal in W.A(MD)Nos.76 of 2019, dated 31.03.2021.

5. The pendency of the SLP before the Hon'ble Apex Court challenging the order of the Division Bench of this Court in a batch of writ appeals in W.A(MD)Nos.76 of 2019 has nothing to do with the consideration of the approval of the writ petitioner.

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6. In view of the above said facts, the order impugned in the writ petition is set aside. The matter is remitted back to the file of the fifth respondent. The Corporate Management is directed to approach the third respondent with all the relevant records to indicate that there are no surplus B.T.Assistant (Maths) within the Corporate Management in the academic year 2018-2019. On receipt of the same, the third respondent is directed to issue a certificate to the said effect. Based upon the said certificate, the fifth respondent herein is directed to approve the appointment of the writ petitioner as B.T.Assistant (Maths) with effect from 01.06.2018 with all attendant benefits, if she is otherwise qualified. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7.With the above directions, this writ petition stands allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is allowed.

12.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM 4/6

To

1. The Principal Secretary, Govt. 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, The Office of the Chief Educational Officer, Tirunelveli District.

4. The District Educational Officer, The Office of the District Educational Officer, Vallioor, Tirunelveli District.

5. The District Educational Officer (Secondary Education), The Office of the District Educational Officer, Tirunelveli.

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L.VICTORIA GOWRI, J.

PNM ORDER IN and WMP(MD)No.17122 of 2023 12.03.2024 6/6