BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATED: 31/07/2006 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.6427 of 2006 S.Ravishankar ... Petitioner Vs. 1.The Director of School Education, Chennai - 600 006. 2.The Chief Educational Officer, Tirunelveli - 627 009. 3.The District Educational Officer, Tirunelveli - 627 001. 4.M.D.T.Hindu College Higher Secondary School, Tirunelveli - 627 001, represented by its Secretary. ... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to approve the appointments of the petitioner herein as Physical Education Director from 28.07.2004 and to permit the fourth respondent to disburse the salary due and payable to the petitioner. !For Petitioner ... Mrs.V.Sundari For Mr.M.Ravi ^For Respondents ... Mr.K.Bhaskaran, Additional Government Pleader :ORDER
Mr.K.Bhaskaran, learned Additional Government Pleader takes notice
on behalf of the respondents.
2. Heard the learned counsel, appearing for the petitioner and also
the learned Additional Government Pleader, appearing for the respondents. By
consent of both the counsel, the writ petition itself is taken up for final
disposal.
3. The writ petitioner was appointed as a Physical Education
Director in the fourth respondent School on 28.07.2004 in the place of the
retirement of the earlier incumbent one S.Ambrose and it was in that place, by
virtue of G.O.Ms.No.125, dated 12.11.2003, the petitioner was appointed by the
fourth respondent School. In fact, the second respondent, by his proceedings
dated 11.05.2004, has permitted the fourth respondent to make such appointment.
Based on that, the petitioner was appointed by the fourth respondent on
28.07.2004 as Physical Education Director. In spite of this fact, the
respondents 1 to 3, who are the competent authorities, to grant approval, but
they have not given approval, which resulted, the petitioner making a
representation to the respondents on 10.04.2006. It is also seen that the fourth
respondent, immediately after the appointment of the petitioner, has sent
proposals and also subsequent reminders on 02.02.2005, 27.09.2005 and
12.01.2006. In spite of that the authorities have not passed orders. It was in
those circumstances, the petitioner was compelled to give his representation on
10.04.2006.
4. Considering the above facts, the second respondent himself has
permitted the fourth respondent to make appointment in the place of the
retirement of the previous incumbent, the respondents 1 to 3 are directed to
consider the representation of the petitioner dated 10.04.2006 and pass
appropriate orders, regarding the approval of appointment of the petitioner as
Physical Education Director from 28.07.2004 in the fourth respondent School and
such order shall be passed by the respondents 1 to 3 within a period of four
weeks from the date of receipt of a copy of this order. After passing such
order, it is open to the respondents to pass orders in respect of releasing of
salary to the petitioner.
5. With the above direction, the writ petition is disposed of. No
costs.
To
1.The Director of School Education,
Chennai – 600 006.
2.The Chief Educational Officer,
Tirunelveli – 627 009.
3.The District Educational Officer,
Tirunelveli – 627 001.