Madras High Court
The Correspondent vs ) The Director Of Elementary Education on 28 April, 2018
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.04.2018
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.10189 of 2018
and
W.M.P.(MD) No.9246 of 2018
The Correspondent,
Hazarath Nathervali Middle School,
Valluvar Nagar ? 620 008,
Trichy District. ... Petitioner
Vs.
1) The Director of Elementary Education,
College Road, Chennai 600 006
2) The District Elementary Educational Officer,
Trichy, Trichy District.
3) The Additional Assistant Elementary
Educational Officer,
Trichy Urban, Trichy District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents to approve forthwith the
appointment of J.Sathyanathan as BT Assistant in Maths, the petitioner's
school w.e.f., 01.06.2017 and disburse the grant-in-aid towards his salary
and other attendant benefits.
!For Petitioner : Mr.K.Ragatheesh Kumar
For Respondents : Mrs.S.Srimathy,
Special Government Pleader.
:ORDER
The prayer sought for in this Writ Petition is for seeking to issue a Writ of Mandamus, directing the respondents to approve forthwith the appointment of J.Sathyanathan as BT Assistant in Maths, the petitioner's school w.e.f., 01.06.2017 and disburse the grant-in-aid towards his salary and other attendant benefits.
2. I have heard Mr.K.Ragatheesh Kumar, learned counsel for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondents.
3. Learned counsel appearing for the petitioner would submit that, as per the staff fixation for the petitioner School for the academic year 2015- 16 dated 15.02.2016, the post of Tamil pandit was sanctioned. Since the post of Headmaster in Middle School became vacant due to retirement, the Tamil pandit, who was working in the petitioner School was promoted as Middle School Headmaster. Since the school requires a teacher for the subject Maths, an individual by name one J.Sathyanathan was appointed as BT Assistant in Maths on 01.06.2017.
4. The proposal for the approval of appointment was sent to the respondents on 01.06.2017. Since the staff fixation for the year 2016-17 is also for the very same staff strength, where the post for Tamil pandit was sanctioned and the post for BT Assistant(Maths) post was not sanctioned, the petitioner School made a request on 03.03.2018 to the respondents to convert the post of Tamil pandit into BT Assistant(Maths). As there was no BT Assistant (Maths) post sanctioned for the petitioner School, the Tamil pandit who was promoted to the post of Head Master of Middle School would look after the subject Tamil also.
5. Inspite of all these, the petitioner's representation dated 03.03.2018 seeking to convert the post of Tamil pandit into BT Assistant (Maths) has not been considered by the first respondent. Therefore, the learned counsel appearing for the petitioner would submit that, the said representation of the petitioner School dated 03.03.2018, if directed to be considered by the respondents and an order to that effect be passed within the time frame fixed by this Court, the petitioner would be satisfied.
6. I have heard Mrs.S.Srimathy, learned Special Government Pleader, who would submit that the said request of the petitioner School dated 03.03.2018 seeking to convert the post of Tamil pandit to BT Assistant (Maths) can be considered by the first respondent and an order to that effect would be passed within the time frame fixed by this Court.
7. Considering the submissions made by the counsel on either sides, this Writ Petition is disposed of with the following direction:-
?that the petitioner's representation dated 03.03.2018 seeking to convert the Tamil pandit post to BT Assistant (Maths) shall be considered by the respondents on merits and in accordance with law and an order to that effect shall be passed within a period of eight weeks, from the date of receipt of a copy of this order.
However, there shall be no order as to costs. Consequently, connected W.M.P.(MD) No.9246 of 2018 is closed.
To
1) The Director of Elementary Education, College Road, Chennai 600 006
2) The District Elementary Educational Officer, Trichy, Trichy District.
3) The Additional Assistant Elementary Educational Officer, Trichy Urban, Trichy District.
.