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Madras High CourtWP(MD)/26072/2019disposed of

The Correspondent v. The State Of Tamilnadu

2023-02-08Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 03.11.2022 Pronounced on : 08.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.22562 of 2019 The Correspondent, St.Joseph's High School, Siluvaipuram, Koolemcode Post, Kanyakumari District - 629 160.

... 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, Nagercoil, Kanyakumari District.

4.The District Educational Officer, Kuzhithurai, Kanyakumari District.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd and 4th respondents to approve forthwith the appointment of Tmt.L.M.Vimala Christal as Junior Assistant in the petitioner school w.e.f. the date of her appointment viz., 01-08-2018 and disburse the grand-in-aid towards her salary and allowance.

For Petitioner : Mr.K.Ragatheesh Kumar, For M/s.Isaac Chambers.

For Respondents : Mr.R.Baskaran Addl. Advocate General, Assisted by Mr.S.Shaji Bino, Special Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner school is a minority institution. It sent proposal for approving the appointment of Tmt.L.M.Vimala Christal as Junior Assistant in the petitioner school to the fourth respondent. She was appointed in the petitioner school with effect from 01.08.2018. 3.Vide order dated 07.02.2023 made in W.P.(MD)No.13428 of 2020, I had upheld the validity of G.O.(Ms) No.238, dated 13.11.2018. I had also held that approval of appointments made prior to issuance of G.O.(Ms) No.238, dated 13.11.2018 will be considered on merits and in accordance with law 2/5

without reference to the said Government Order. Any appointment made after issuance of G.O.(Ms) No.238, dated 13.11.2018 will be subject to the said Government Order. The Hon'ble Division Bench vide order dated 06.12.2020 in W.A.(MD)No.1052 of 2020 had taken such a view. 4.In this case, the appointment of Ms.L.M.Vimala Christal was made on 01.08.2018 ie., well before the issuance of the said G.O. Therefore, the school management is permitted to resubmit the proposal pertaining to her appointment to the fourth respondent. The respondents 3 and 4 are directed to consider the same and pass appropriate orders on merits and in accordance with law within a period of six weeks after re-submission of the proposal. 5.This writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

08.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No SKM 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, Nagercoil, Kanyakumari District. 4.The District Educational Officer, Kuzhithurai, Kanyakumari District. 4/5

G.R.SWAMINATHAN, J.

SKM 08.02.2023 5/5