Madras High Court
T.Sahayam vs The District Educational Officer on 22 April, 2019
Author: R.Mahadevan
Bench: R.Mahadevan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P(MD)No.9440 of 2019
T.Sahayam ... Petitioner
Vs.
1.The District Educational Officer,
Tiruchendur, Tuticorin District.
2.The Block Development Officer,
Alwarthirunageri @ Thenthiruperai,
Tuticorin District.
3.The Correspondent,
St. Michael's R.C Middle School,
Serndamangalam,
Tiruchendur Taluk,
Tuticorin District – 628 151. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of Mandamus, directing the respondents
herein to approve the appointment of the petitioner as Secondary Grade
Teacher in the third respondent School with effect from 19.01.2018 and
disburse grant-in-aid towards salary and other attendant benefits by
considering the proposal, dated 28.03.2019 resubmitted by the third
respondent School.
For Petitioner : Mr.A.Ajith Geethan
For RR 1 & 2 : Mrs.S.Srimathy,
Special Government Pleader.
http://www.judis.nic.in
2
ORDER
This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents 1 and 2 to approve the appointment of the petitioner as Secondary Grade Teacher in the third respondent School with effect from 19.01.2018 and disburse grant-in-aid towards salary and other attendant benefits by considering the proposal, dated 28.03.2019 resubmitted by the third respondent School.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2.
3.The case of the petitioner is that he was appointed as Secondary Grade Teacher in the third respondent school, which was a sanctioned vacancy. For approval of appointment of the petitioner, a proposal was originally submitted by the third respondent and subsequently, it was resubmitted on 28.03.2019 for consideration. Even then the same is kept pending, without passing any orders till date, by the respondents 1 and 2. Hence, the petitioner has filed the present Writ Petition.
4.The learned Special Government Pleader appearing for the respondents 1 and 2 submitted that the third respondent's proposal will be considered on merits.
http://www.judis.nic.in 3
5.In such view of the matter, this Court, without going into the merits of the case, directs the respondents 1 and 2 to consider the claim of the petitioner subject to the surplus status as well as on the basis of the proposal resubmitted by the third respondent, dated 28.03.2019 seeking for approval of appointment of the petitioner and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
6.With the above direction, this Writ Petition stands disposed of. No costs.
22.04.2019
Index : Yes/No
Internet : Yes/No
ps
To
1.The District Educational Officer, Tiruchendur, Tuticorin District.
2.The Block Development Officer, Alwarthirunageri @ Thenthiruperai, Tuticorin District.
3.The Correspondent, St. Michael's R.C Middle School, Serndamangalam, Tiruchendur Taluk, Tuticorin District – 628 151.
http://www.judis.nic.in 4 R.MAHADEVAN,J.
ps W.P(MD)No.9440 of 2019 22.04.2019 http://www.judis.nic.in