S.Arulselvam v. The Director Of Elementary School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25081 of 2023 S.Arulselvam
...Petitioner
Vs.
1. The Director of Elementary School Education, D.P.I.Compound, College Road, Chennai.
2. The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.
3. The Additional Assistant Elementary Educational Officer, Nanguneri Range, Tirunelveli District.
4. The Correspondent, T.D.T.A Primary School, Keerankulam, Nanguneri Range, Tirunelveli District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the fourth respondent to resubmit the proposal for approval of the petitioner's 1/5
appointment as Secondary Grade Teacher in the fourth respondent school by implementing the proceedings of the first respondent in Na.Ka.No. 033128/G4/2022, dated 11.01.2023 and consequently direct the third respondent to approve his appointment as Secondary Grade Teacher in fourth respondent School from the date of appointment i.e., 18.11.2015 and pay all monetary benefits.
For Petitioner : Mr.R.J.Karthick For Respondents : Mr.N.GA.Natraj Government Advocate - for R1 to R3
O R D E R
The present Writ Petition has been filed seeking a mandamus to direct the fourth respondent to resubmit the proposal for approval of the petitioner's appointment as Secondary Grade Teacher in the fourth respondent school by implementing the proceedings of the first respondent, dated 11.01.2023 and consequently direct the third respondent to approve his appointment.
2. It could be seen from the typed set of papers that the first respondent herein has issued a direction to the District Elementary Educational Officers of Tirunelveli, Valliyoor and Tenkasi to submit a report relating to the action 2/5
initiated by those Officers to find out whether there are any surplus teachers in the petitioner's School or in other Schools under the corporate Management between the years 2014 and 2019. However, the said report has not been submitted by those authorities in time.
3. Only after the reports reach the first respondent, the first respondent could direct the third respondent to approve the appointment of the writ petitioner depending upon the said reports.
4. In view of the above said facts, the District Elementary Educational Officers of Tirunelveli, Valliyoor and Tenkasi are directed to forward the reports as sought for by the first respondent herein dated 11.01.2023 and based on the said reports, the first respondent is directed to take an independent decision within a period of twelve weeks from the date of receipt of a copy of this order.
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5. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs.
16.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To
1. The Director of Elementary School Education, D.P.I.Compound, College Road, Chennai.
2. The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.
3. The Additional Assistant Elementary Educational Officer, Nanguneri Range, Tirunelveli District.
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R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.25081 of 2023 16.10.2023 5/5