A.Pauldhinakaran v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21729 of 2025 A.Pauldhinakaran : Petitioner Vs.

1. The Government of Tamilnadu, Rep by its Principal Secretary, Department of School Education, Rajaji Salai, Fort St. George, Chennai 600009.

2. The Directorate of School Education, O/o. Directorate of School Education, Dpi Campus, College Road, Nungambakkam, Chennai 600 006.

3. The Chief Educational Officer, O/o. Chief Educational Office, Ramanathapuram, Ramanathapuram District.

4. The District Educational Officer, O/o. District Educational Office, Ramanahapuram, Ramanathapuram District.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to 1/6

approve petitioner's appointment from 12.10.2018 by scrutinizing petitioner's appointment proposal and to disburse the salary from the date of appointment, i.e. 12.10.2018, by considering petitioner's representation dated 28.01.2025.

For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.S.Vinodh Government Advocate

ORDER

The instant writ petition has been filed seeking for a direction to the 3rd respondent to approve the petitioner's appointment from 12.10.2018 by scrutinizing the petitioner's appointment proposal and to disburse the salary from the date of appointment, i.e. 12.10.2018, by considering petitioner's representation dated 28.01.2025.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner was appointed as Record Clerk in the sixth respondent school and the sixth respondent sent a proposal to the third 2/6

respondent through the fourth respondent for approving his appointment. However, till date, the approval has not been granted to the petitioner. In this regard, the petitioner has also made a representation to the respondents on 28.01.2025 seeking approval of his appointment and disbursement of the salary to him.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him 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, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representation dated 28.01.2025, 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 3/6

of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above direction, this writ petition is disposed of. There shall be no order as to costs.

11.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The Principal Secretary, Department of School Education, Rajaji Salai, Fort St. George, Chennai 600009.

2. The Directorate of School Education, O/o. Directorate of School Education, Dpi Campus, College Road, Nungambakkam, Chennai 600 006.

3. The Chief Educational Officer, O/o. Chief Educational Office, Ramanathapuram, Ramanathapuram District.

4. The District Educational Officer, O/o. District Educational Office, Ramanahapuram, Ramanathapuram District.

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M.DHANDAPANI, J.

Sm W.P.(MD) No.21729 of 2025 11.08.2025 6/6