School petitioner challenged High Court order quashing appointment proposal of school staff member due to timing. Court held delay not mandatory ground to return proposal and directed approval with retrospective effect.
Impugned order set aside; proposal to be re-presented and appointment approved with effect from 14.12.2021 and salary disbursed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.10487 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.10.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.10487 of 2021
The Secretary,
Sri Varadha Venkataramana Higher Secondary School, Venkatachalapuram Post, Veerapandi (Via), Theni District.
... Petitioner
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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the fourth respondent pertaining to its proceedings in Na.Ka.No. 4182/B2/2021 dated 27.04.2021 and to quash the same and consequently directing the respondents to approve the appointment of one S.Saravanakumar as Office Assistant with effect from his date of appointment that is 14.12.2020 and to grant all the service and monetary benefits in consequent to the same within a time frame that may be fixed by this Court by considering the proposal resubmitted by the petitioner dated 11.06.2021.
For Petitioner : Mr.H.C.Herold Singh For Respondents : Mr.S.Shaji Bino Special Government Pleader
ORDER
Heard the learned counsel on either side.
High School. It became a Higher Secondary School in 1978. It is receiving grant-in-aid from the Government. Vacancy arose in the post of Office Assistant following the retirement of one S.Muthukaruppanan in 31.05.2019. The School Committee passed a resolution to fill up the vacancy. Permission was sought for from the third respondent to appoint an eligible person for the said post. The third respondent also granted permission on 03.02.2020. Based on the said permission, applications were called for and thereafter, one
W.P(MD)No.10487 of 2021
S.Saravanakumar was appointed as Office Assistant with effect from 14.12.2021. The Management submitted proposal to the fourth respondent for approving the appointment. By the impugned order dated 27.04.2021, the proposal was returned. Questioning the same, the present writ petition has been filed.
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Index : Yes / No Internet : Yes/ No mga
To
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G.R.SWAMINATHAN, J.
mga
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3 issues framed by the court
Whether a delay in appointing an office assistant beyond the granted academic year cut-off date justifies quashing the returned appointment proposal.
Whether the impugned order returning the petitioners proposal for appointing S.Saravanakumar was justified given the school's student strength requirements.
Whether the respondents should be directed to approve the appointment of the school staff member with retrospective effect.
1 provisions across 1 enactments
Secretary, Sri Varadha Venkataramana Higher Secondary School
Secretary to Government, School Education Department
Commissioner of School Education, College Road
Chief Educational Officer, Theni
District Educational Officer, Theni
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
