Madras High Court
The Correspondent vs The State Of Tamil Nadu on 25 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
WP.No.29857 of 2023
In the High Court of Judicature at Madras
Dated : 25.10.2024
Coram :
The Honourable Mr.Justice N.ANAND VENKATESH
Writ Petition No.29857 of 2023 &
WMP.Nos.29466 & 29467 of 2023
The Correspondent, St.Aloysius
Girls Higher Secondary School,
Dharapuram 638656. Tirupur District. ...Petitioner
Vs
1.The State of Tamil Nadu, rep.
by its Secretary, Department
of School Education,
Fort St.George, Chennai-9.
2.The Commissioner of School
Education, College Road,
Chennai-6.
3.The Chief Educational Officer,
Chief Educational Office,
No.513, Collector Campus,
5th Floor, Palladam Road,
Tirupur-641604.
4.The District Educational Officer,
District Educational Office,
Government Higher Secondary
School Campus, Dharapuram.
638656.
...Respondents
https://www.mhc.tn.gov.in/judis
1/5
WP.No.29857 of 2023
PETITION under Article 226 of The Constitution of India praying
for the issuance of a Writ of Certiorarified Mandamus to call for the
records relating to the impugned proceedings issued by the third
respondent CEO in Na.Ka.No.9272/Aa3/2022 dated 29.8.2022 (as
signed) and the consequential proceedings issued by the fourth
respondent DEO in O.Mu.No.4918/A2/2022 dated 21.9.2022, quash
the same and further direct respondents 3 and 4 to approve forthwith
the appointment of Mrs.P.T.Priya as Drawing Mistress in the petitioner
school with effect from the date of her appointment viz. 01.7.2022 and
release salary and all attendant benefits with effect from the said date.
For Petitioner : Ms.H.Mary Sowmi Rexi
For Respondents : Mrs.Mythreye Chandru, SGP
ORDER
The writ petition has been filed challenging the proceedings of
both the third respondent dated 29.8.2022 as well as the fourth
respondent dated 21.9.2022 and to further direct respondents 3 and 4
to approve the appointment of one Mrs.P.T.Priya as the Drawing
Mistress in the petitioner school with effect from the date of her
appointment on 01.7.2022 and release salary and all other attendant
benefits.
2. Heard the learned counsel for the petitioner and the learned
Special Government Pleader appearing for the respondents.
https://www.mhc.tn.gov.in/judis
3. On carefully going through the impugned proceedings of
respondents 3 and 4, it is seen that the proposal has been rejected
only by citing G.O.Ms.No.165 dated 17.9.2019. This Court already held
that the said Government Order is inoperative by virtue of the
judgment of the Division Bench of the Madurai Bench of this Court in
W.A.(MD) No.76 of 2019 dated 31.3.2021.
4. In view of the above, the impugned proceedings of both the
third and the fourth respondents respectively dated 29.8.2022 and
21.9.2022 are hereby quashed. There shall be a direction to the
petitioner school to once again submit the proposal before the fourth
respondent, who shall forward the same to the third respondent and
necessary orders granting approval of appointment in the case of
Mrs.P.T.Priya to the post of Drawing Mistress shall be passed subject
to fulfilling all the other requirements. This process shall be completed
within a period of six weeks from the date of receipt of a copy of this
order.
5. The writ petition is allowed with the above directions. No
costs. Consequently, the connected WMPs are closed.
25.10.2024
https://www.mhc.tn.gov.in/judis
To
1.The Secretary to Government of
Tamil Nadu, Department of
School Education, Fort St.George,
Chennai-9.
2.The Commissioner of School
Education, College Road,
Chennai-6.
3.The Chief Educational Officer,
Chief Educational Office,
No.513, Collector Campus,
5th Floor, Palladam Road,
Tirupur-641604.
4.The District Educational Officer,
District Educational Office,
Government Higher Secondary
School Campus, Dharapuram.
638656.
RS
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH,J
RS
W.P.No.29857 of 2023 &
WMP.Nos.29466 & 29467
of 2023
25.10.2024
https://www.mhc.tn.gov.in/judis
