Disposed

A.Priyanka, v. The Government of Tamilnadu

Madras HC9 Apr 2018WP/5022/2018

Case brief

AI extract

What is this about?

In this writ petition seeking quashing of a departmental order and approval of appointment, the court noted the issuance of a Government Order on 03.04.2018 to lift a ban on non-teaching post approvals. The court disposed of the petition directing the authorities to decide the appointment compliance within twelve weeks.

What did the court decide?

The writ petition was disposed of; authorities directed to consider approval within twelve weeks.

A.Priyanka, Vs The Government of Tamilnadu — Education and Admissions | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.04.2018

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CORAM

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THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM

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W.P.No.5022 of 2018 and WMP.No.6202 of 2018

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A.Priyanka ...Petitioner
Vs
1. The Government of Tamil Nadu,
Rep. by its Secretary,
School Education Department,
Fort St.George,
Chennai -600 009.
2. The Director of School Education,
College Road, Chennai -600 006.
3. The District Educational Officer,
Chengalpet - 603 002.
4. The Correspondent,
CSI St.Columba's Higher Secondary School,
Chengalpet. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the
Constitution of India, praying to issue a Writ of
Certiorarified Mandamus to call for the records relating to the
order of the 3rd respondent in his proceedings in
O.M.No.2599/A2/2017 dated 14.12.2017 quash the same and
consequently direct the respondents to approve the appointment
of the Petitioner as Lab Assistant with salary and other
benefits from 20.07.2017.

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For Petitioner : M/S.P.Mahalakshmi For Respondents : Mr.C.Munusamy Special Government Pleader For (R1 to R3)

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O R D E R

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The relief sought for in this writ petition is to call for the records relating to the order of the 3rd respondent in his proceedings in O.M.No.2599/A2/2017 dated 14.12.2017 quash the

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https://hcservices.ecourts.gov.in/hcservices/

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same and consequently direct the respondents to approve the appointment of the Petitioner as Lab Assistant with salary and other benefits from 20.07.2017.

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2.The claim of the writ petitioner is that she was appointed in a sanctioned post and in spite of that approval of the appointment was not granted.

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3.The grievances of the writ petitioner is that she was appointed in accordance with the Rules and procedures in a sanctioned post and therefore, she is entitled for approval of appointment in accordance with the Act and Rules. The proposals were also submitted by the respective Management seeking approval of appointment.

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4.When the matter is taken up for hearing, the learned Government Advocate appearing on behalf of the respondents filed the report submitted by the first respondent and paragraphs 3 and 4 of the report are extracted hereunder:

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"3.It is further submitted that the Government of Tamil Nadu has issued Orders in G.O.Ms.No.64, School Education (SE 6 (1) Department, dated 03.04.2018 lifting the ban for according approval to the appointment in the non-teaching posts in Government aided schools. The first respondent in pursuance of the direction of the Hon'ble High Court made in the above said W.P.No.7077 to 7080 of 2018, dated 03.04.2018 has issued detailed circular in the proceedings Rc.No.33112/D1/S4/2013, dated 04.04.2018 reiterating to strictly follow up the conditions laid down in the above said circular, while giving appointment approval of non-teaching posts by the District Educational Officers in Government aided Schools.

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4.The copy of the said G.O.Ms.No.64, School Education (SE 6(1) Department dated 03.04.2018 and the proceedings issued by the first respondent in Rc.No.33112/D1/S4/2013, dated 04.04.2018 and annexed herewith for kind perusal of Hon'ble High Court."

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5.On a perusal of the above, it is seen that the Government issued G.O.Ms.No.64, School Education Department dated 03.04.2018 and the Director of School Education issued a circular on 04.04.2018, setting out the procedure for grant of approval in accordance with the Act and Rules. Clause 7 of the circular categorically enumerated that the competent authorities if violates the procedures, disciplinary proceedings will be initiated against those officials, who are committing any such violations. Thus, it is made clear that the approval of

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https://hcservices.ecourts.gov.in/hcservices/

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appointment has to be granted by following the Act and Rules.

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6.This being the factum of the case, the case of the writ petitioner is to be considered in the light of the Government Order and the circular issued by the Director of School Education and accordingly, the decisions are to be taken and orders are to be issued, within a period of twelve weeks from the date of receipt of a copy of this order.

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7.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

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Sd/-
Assistant Registrar(CS III)
//True copy//
Sub Assistant Registrar
ah
To
1. The Secretary,
Government of Tamil Nadu,
School Education Department,
Fort St.George,
Chennai -600 009.
2. The Director of School Education,
College Road,
Chennai -600 006.
3. The District Educational Officer,
Chengalpet - 603 002.

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+1cc to Mr.P.Mahalakshmi, Advocate SR.No.25823

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W.P.No.5022 of 2018 GMR(CO) GN(16/05/2018)

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https://hcservices.ecourts.gov.in/hcservices/

A.Priyanka, v. The Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

A.Priyanka, v. The Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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