Madras High Court
The Headmistress & Correspondent vs The Government Of Tamil Nadu on 22 October, 2021
W.P.Nos.22554, 22550, 22554
& 22556 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.22545, 22550, 22554 & 22556 of 2021
and
W.M.P.Nos.23775, 23777, 23779, 23780,
23783, 23785, 23788 & 23791 of 2021
(Through Video Conferencing)
The Headmistress & Correspondent,
St.Joseph's Higher Secondary School,
Vettuvankeni,
Chennai – 600 115. ... Petitioner in all W.Ps.
Vs.
1.The Government of Tamil Nadu,
Rep by its Secretary,
Department of School Education,
Fort St.George, Chennai – 600 009.
2.The Director of School Education,
College Road, Chennai – 600 006.
3.The Chief Educational Officer,
Chief Educational Office,
Govt.Girls Hr.Secondary School Campus,
Chengalpet District – 603 001.
https://www.mhc.tn.gov.in/judis
W.P.Nos.22554, 22550, 22554
& 22556 of 2021
4.The District Educational Officer,
District Educational Office,
St.Thomas Mount,
Govt.Boys Hr.Sec.School Campus,
Chrompet – 600 044.
Kanchipuram. ... Respondents in all W.Ps.
Prayer in W.P.No.22545 of 2021: Writ Petition is filed under Article 226 of the
Constitution of India praying for the issuance of Writ of Certiorarified
Mandamus, to call for the records relating to the impugned order passed by the
4th respondent District Educational Officer in Na.Ka.No.1406/A3/2021 dated
02.09.2021, quash the same and further direct the 3rd and 4th respondents to
approve the appointment of Mrs.M.Krishnaveni as BT Assistant (Maths) in the
petitioner school with effect from the date of her appointment vix., 01.06.2020,
and release salary and all attendant benefits with effect from the said date.
Prayer in W.P.No.22550 of 2021: Writ Petition is filed under Article 226 of the
Constitution of India praying for the issuance of Writ of Certiorarified
Mandamus, to call for the records relating to the impugned order passed by the
4th respondent District Educational Officer in Na.Ka.No.1404/A3/2021 dated
02.09.2021, quash the same and further direct the 3rd and 4th respondents to
approve the appointment of Mrs.Y.Anto Serin as Physical Education Teacher in
the petitioner school with effect from the date of her appointment vix.,
01.06.2019, and release salary and all attendant benefits with effect from the
said date.
https://www.mhc.tn.gov.in/judis
W.P.Nos.22554, 22550, 22554
& 22556 of 2021
Prayer in W.P.No.22554 of 2021: Writ Petition is filed under Article 226 of the
Constitution of India praying for the issuance of Writ of Certiorarified
Mandamus, to call for the records relating to the impugned order passed by the
4th respondent District Educational Officer in Na.Ka.No.1407/A3/2021 dated
02.09.2021, quash the same and further direct the 3rd and 4th respondents to
approve the appointment of Sr.K.Anotny Rajula as BT Assistant (English) in
the petitioner school with effect from the date of her appointment vix.,
01.06.2020, and release salary and all attendant benefits with effect from the
said date.
Prayer in W.P.No.22556 of 2021: Writ Petition is filed under Article 226 of the
Constitution of India praying for the issuance of Writ of Certiorarified
Mandamus, to call for the records relating to the impugned order passed by the
4th respondent District Educational Officer in Na.Ka.No.1405/A3/2021 dated
02.09.2021, quash the same and further direct the 3rd and 4th respondents to
approve the appointment of Sr.D.Jaya as BT Assistant (Tamil) in the petitioner
school with effect from the date of her appointment vix., 01.06.2019, and
release salary and all attendant benefits with effect from the said date.
For Petitioner : Mr.Godcon for
(in all W.Ps) M/s.Isaac Chambers
For Respondents : Mr.L.S.M.Hasan Fizal
(in all W.Ps) Government Advocate
https://www.mhc.tn.gov.in/judis
W.P.Nos.22554, 22550, 22554
& 22556 of 2021
COMMONORDER
By this common order, all these writ petitions are being disposed.
2.In these writ petitions, the petitioner has challenged the impugned
order dated 02.09.2021 returning the proposal for approving the petitioner's
appointment. The impugned order has been passed in the light of interim order
passed by the Hon'ble Madurai Bench of this Court in W.A.(MD).Nos.76 of
2019 batch etc, and the consequential Government Order in G.O.Ms.No.165,
School Education Department, dated 17.09.2019.
3.Appearing on behalf of the respondents, the learned Government
Advocate for the respondents submits that as on date there is no proposal
pending before the respondents and therefore the petitioner should be directed
to file their representation before the 3rd respondent for passing appropriate
orders and the orders will be passed taking note on the decision of the Hon'ble
Madurai Bench of this Court in W.A.(MD).Nos.76 of 2019 batch etc, disposing
by its common order dated 31.03.2021.
https://www.mhc.tn.gov.in/judis
W.P.Nos.22554, 22550, 22554
& 22556 of 2021
4.It is noticed that G.O.Ms.No.165 School Education Department,
dated 17.09.2019 has been declared by the Hon'ble Madurai Bench of this
Court in the aforesaid judgment in Para 93.9 has been held as under:
''93.9.In that view of the matter and the
comprehensive decision since having been arrived
at by us in this batch of cases, the said
G.O.Ms.No.165, in our considered view, can very
well be declared to be inoperative.''
5.In view of the above order, these writ petitions are allowed by
quashing the impugned order dated 02.09.2021 passed by the 4th respondent
and remitted back to the 3rd and 4th respondents to pass appropriate orders on
merits subject to the petitioner submitting their representation within a period
of 12 weeks from the date of receipt of a copy of this order. No costs.
Consequently, connected miscellaneous petitions are closed.
22.10.2021
Index : Yes / No
Internet : Yes/ No
jas
https://www.mhc.tn.gov.in/judis
W.P.Nos.22554, 22550, 22554
& 22556 of 2021
To
1.The Government of Tamil Nadu,
Rep by its Secretary,
Department of School Education,
Fort St.George, Chennai – 600 009.
2.The Director of School Education,
College Road, Chennai – 600 006.
3.The Chief Educational Officer,
Chief Educational Office,
Govt.Girls Hr.Secondary School Campus,
Chengalpet District – 603 001.
4.The District Educational Officer,
District Educational Office,
St.Thomas Mount,
Govt.Boys Hr.Sec.School Campus,
Chrompet – 600 044.
Kanchipuram.
https://www.mhc.tn.gov.in/judis
W.P.Nos.22554, 22550, 22554
& 22556 of 2021
C.SARAVANAN, J.
jas
W.P.Nos.22545, 22550, 22554 & 22556 of 2021
and
W.M.P.Nos.23775, 23777, 23779, 23780,
23783, 23785, 23788 & 23791 of 2021
22.10.2021
https://www.mhc.tn.gov.in/judis
