V.Stephen (Office Assistant) v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.26663 of 2024 V.Stephen (Office Assistant) ... Petitioner Vs.

1. The Chief Educational Officer, Office of the Chief Educational Office, Madurai, Madurai District.

2. The District Educational Officer, Office of the District Educational Office, Thirumangalam, Madurai District.

3. Pasumalai Higher Secondary School, Represented by its Correspondent, Pasumalai, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to approve the appointment of the petitioner in the sanctioned post of Office Assistant w.e.f. 05.07.2023 with all attendant monetary and service benefits by considering the proposal sent by the third respondent dated 26.09.2023 for approval of his appointment within the period that may be stipulated by this Court.

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For Petitioner : Mr.S.Mamtha for M/s.Ajmal Associates For R1 and R2 : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

The instant writ petition has been filed by an Office Assistant appointed in the third respondent School seeking a Mandamus to approve his appointment with attendant benefits w.e.f. 05.07.2023.

2. According to the learned counsel appearing for the writ petitioner, the third respondent School is an aided minority institution administered by a Corporate Management. According to the petitioner, the petitioner has been appointed in the sanctioned post and therefore, the appointment has to be approved. The Management has sent a proposal for approval on 26.09.2023 and the same is pending with the first respondent herein. So far no orders have been passed. Hence, the present writ petition. 2/5

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2.

4. Considering the above said facts, the first respondent herein is directed to consider the proposal submitted by the third respondent and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.

15.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Chief Educational Officer, Office of the Chief Educational Office, Madurai, Madurai District.

2. The District Educational Officer, Office of the District Educational Office, Thirumangalam, Madurai District.

3. The Correspondent, Pasumalai Higher Secondary School, Pasumalai, Madurai District.

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R.VIJAYAKUMAR,J.

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