The Secretary v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI The Secretary, Thirthapathy Higher Secondary School, Ambasamudram, Tirunelveli District.
... Petitioner Vs.
1.The Secretary to Government, School Education Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai.
2.The Director of School Education, College Road, Chennai - 6.
3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.
4.The District Educational Officer, Cheranmahadevi Educational District, Tirunelveli. ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd and 4th respondents 1/6
to approve the appointment of N.Paramakannan as B.T.Assistant (Maths) in the petitioner's school with all monetary benefits and service benefits. For Petitioner : Mr.K.R.Laxman For Respondents : Mr.J.Ashok, Additional Government Pleader
O R D E R
This writ petition has been filed for a direction to the 3rd and 4th respondents, to approve the appointment of N.Paramakannan as B.T.Assistant (Maths) in the petitioner's school with all monetary benefits and service benefits.
2. The case of the petitioner is that the petitioner school established in the year 1978. In the petitioner school, a vacancy arose in the post of B.T.Assistant(Maths) and therefore, applications were called for from the suitable candidates and one N.Paramakannan was appointed in the said post. Subsequently, the petitioner school submitted a proposal to the fourth respondent to approve the appointment of the said Paramakannan. As the said proposal was not considered, the said Paramakannan filed a writ petition before this Court in W.P(MD)No.2509 of 2017, seeking direction to approve his 2/6
appointment. The said writ petition was disposed of by this Court on 27.02.2017, with a direction to the respondents to approve the appointment without insisting upon TET qualification and disburse the attendant monetary benefits within a period of two months from the date of receipt of a copy of the order. Even then, the appointment of the said Paramakannan was not approved. Hence, the petitioner school has made a representation to the respondents on 10.10.2022. However, no order was passed till date. Hence, the petitioner has filed this writ petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if the third and fourth respondents are directed to dispose of the representation of the petitioner, dated 10.10.2022, on merits and in accordance with law, within a specified period.
4. The learned Additional Government Pleader appearing for the respondents, has no serious objection for such an order being passed by this Court.
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5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents 3 and 4, to consider the representation of the petitioner school, dated 10.10.2022 and pass appropriate orders on the proposal sent by the petitioner with regard to approval of appointment of the said Paramakannan as B.T.Assistant(Maths) in the petitioner school, on merits and in accordance with law, within a period of Six weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
03.02.2023 PM NCC:Yes/No Index:Yes/No Internet:Yes/No 4/6
To:
1.The Secretary to Government, School Education Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai.
2.The Director of School Education, College Road, Chennai - 6.
3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.
4.The District Educational Officer, Cheranmahadevi Educational District, Tirunelveli.
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M.DHANDAPANI,J.
pm 03.02.2023 6/6