Madras High Court
A.Bhuvaneswari vs The Secretary To Government on 30 July, 2021
W.P.No 15496 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
W.P. No. 15496 of 2021
A.Bhuvaneswari .. Petitioner
Versus
1.The Secretary to Government,
School Education Department,
F.S.G., Secretariat,
Chennai – 600 009.
2.Director of School Education,
Chennai – 600 006.
3.Chief Educational Officer,
Chennai – 600 015.
4.Correspondent,
Kesari Higher Secondary School,
Old No.9, New No.17/1,
Ropettah High Road III Street,
Mylapore, Chennai – 600 004. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Certiorarified Mandamus to call for records pertaining vide
proceedings OM No.5998/A6/2019 dated 20.01.2021 issued by the third
respondent and quash the same and direct the third respondent to approve the
petitioner's appointment as Record Clerk in fourth respondent school from the
date of appointment and disburse the attendant benefits to the petitioner.
https://www.mhc.tn.gov.in/judis/
W.P.No 15496 of 2021
For Petitioner : Mr. R.Subramanian
For Respondents 1-3 : Mr. C.Kathiravan
Government Advocate
O RD E R
This writ petition is filed to quash the proceedings in OM
No.5998/A6/2019 dated 20.01.2021, issued by the third respondent and direct
the third respondent to approve the petitioner's appointment as Record Clerk in
fourth respondent school from the date of appointment and disburse the
attendant benefits to the petitioner.
2. The petitioner was appointed in the fourth respondent school which is
stated to be a linguistic minority school. It is stated by the petitioner that she
was selected as Record Clerk and that she joined the school on 03.10.2016 as
Record Clerk. Even though the petitioner has submitted a proposal for approval
of appointment, it is stated that the respondents have not considered the
proposal under one pretext or other. However, by the impugned order, the
proposal submitted by the fourth respondent was rejected only by referring to
G.O. Ms. No.238, School Education Department, dated 13.11.2018. Hence the
petitioner has filed the present writ petition.
3. From the facts admitted and set out in the affidavit filed in support of
this petition, it is not the case of the respondents that the post was sanctioned
https://www.mhc.tn.gov.in/judis/
W.P.No 15496 of 2021
after G.O. Ms. No.238 or that the petitioner was appointed to a new post. The
post of Record Clerk in the fourth respondent institution is a sanctioned post
and that the vacancy also arose long before the issuance of G.O. Ms. No. 238. It
has been held in several judgements of this Court that the appointment which
was made prior to the Government Order cannot be considered in the light of
G.O. Ms. No.238 dated 13.11.2018. When an appointment is made against
vacancy which fell long before issuance of G.O. Ms. No.238, it cannot be
turned down by citing G.O. Ms. No.238 dated 13.11.2018.
4. In view of the settled legal position as held by this court in number of
judgments, this writ petition is allowed. The impugned order passed by the
third respondent dated 20.01.2021, is hereby quashed. The third respondent is
directed to approve the petitioner's appointment as Record Clerk in the fourth
respondent's school, from the date of his appointment and the third respondent
shall disburse the attendant benefits with effect from the date of appointment.
No costs.
30.07.2021
Index:Yes / No
Speaking order / Non speaking order
bkn
https://www.mhc.tn.gov.in/judis/
W.P.No 15496 of 2021
S.S.SUNDAR. J.,
bkn
To
1.The Secretary to Government,
School Education Department,
F.S.G., Secretariat,
Chennai – 600 009.
2.Director of School Education,
Chennai – 600 006.
3.Chief Educational Officer,
Chennai – 600 015.
W.P. No. 15496 of 2021
30.07.2021
https://www.mhc.tn.gov.in/judis/
