Madras High Court
J.V.Madhan Raj vs The Chief Educational Officer on 7 August, 2023
W.P.No.1677 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.1677 of 2023 &
WMP.Nos.1777, 1778 & 1779 of 2023
J.V.Madhan Raj ... Petitioner
Vs
1. The Chief Educational Officer,
Cuddalore.
2. The District Educational Officer,
Virudhachalam.
3. The Block Educational Officer,
Nallur.
4. Danish Mission Elementary School,
rep. by its Central Manager,
A.L.C.Campus, Bharathi Road, Cuddalore. ... Respondents
Prayer:- Writ Petition filed under the Article 226 of Constitution of India,
to issue a Writ of Certiorarified Mandamus calling for the records
pertaining to the order of second respondent in proceedings NA. KA. No.
095/A4/2022 dated 30.11.2022 and quash the same and consequentially
direct the respondents 1 to 3 to approve the appointment of the petitioner
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.1677 of 2023
in the fourth respondent School and pay the arrears of Salary
emoluments and other benefits to the petitioner from the date of
appointment on 18.11.2016.
For Petitioner : Mr.K.J.Parthasarathy
For Respondents : Mr.P.Baladhandayutham
Special Government Pleader – R1 to R3
Ms.Aishwarya S.Nathan – R4
ORDER
This Writ Petition has been filed to quash the order of second
respondent in proceedings dated 30.11.2022 and consequentially direct
the respondents 1 to 3 to approve the appointment of the petitioner in the
fourth respondent School and pay the arrears of Salary emoluments and
other benefits to the petitioner from the date of appointment on
18.11.2016.
2. The case of the petitioner is that the petitioner has been
appointed as a Secondary Grade Teacher on compassionate ground and
the proposal has been sent by the fourth respondent for approval of the
https://www.mhc.tn.gov.in/judis
W.P.No.1677 of 2023
appointment of the petitioner. However, the same has been rejected
citing G.O.165 dated 17.09.2019. Though it is stated in the Order to the
effect that there are only two teacher vacancies in the year 2016 – 2017,
the impugned Order has been passed mainly on the basis of the above
Government Order.
3. It is relevant to note that Government Order 165
dated 17.09.2019. has been declared inoperative by the Division Bench
of this Court in a judgment in a Writ Appeal in W.A. [MD] No.76 of
2019 dated 31.03.2021 and hence, the impugned Order, relying upon the
above Government Order cannot be sustained in the eye of law.
4. Accordingly, the matter is remitted back to the second respondent
to pass a detailed order after verifying all the documents in this regard.
Such an exercise shall be completed within a period of three months from
the date of receipt of a copy of this Order.
5. With the above observations, this Writ Petition is disposed of.
https://www.mhc.tn.gov.in/judis
W.P.No.1677 of 2023
Consequently, connected miscellaneous petitions are closed. No costs.
07.08.2023
Index:Yes/No
Neutral Citation : Yes/No
vrc
To,
1. The Chief Educational Officer,
Cuddalore.
2. The District Educational Officer,
Virudhachalam.
3. The Block Educational Officer,
Nallur.
4. Danish Mission Elementary School,
rep. by its Central Manager,
A.L.C.Campus, Bharathi Road, Cuddalore.
https://www.mhc.tn.gov.in/judis
W.P.No.1677 of 2023
N.SATHISH KUMAR, J.
vrc
WP.No.1677 of 2023
07.08.2023
https://www.mhc.tn.gov.in/judis
