This court directed the 3rd respondent to approve the appointment of L.M.Vimala Christal as Junior Assistant at the petitioner school, completing the process within 12 weeks of the order date.
Direction to the 3rd respondent to approve the appointment and pass orders within 12 weeks.
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W.P(MD)No.2037 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P(MD)No.2037 of 2024
The Correspondent, St.Joseph's Higher Secondary School, Mulagumoodu, Kanyakumari District.
... Petitioner
Vs.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to approve the appointment of L.M.Vimala Christal as Junior Assistant with effect
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from her date of appointment that is 13.03.2023 based on the recommendation of the 4th respondent bearing Na.Ka.No.3963/A2/2023, dated 24.08.2023 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 ----.
For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.P.T.Thiraviyam Government Advocate
ORDER
The present writ petition has been filed seeking direction to the 3rd respondent to approve the appointment of L.M.Vimala Christal as Junior Assistant with effect from her date of appointment that is 13.03.2023 based on the recommendation of the 4th respondent bearing Na.Ka.No.3963/A2/2023, dated 24.08.2023 and to grant all the service and monetary benefits in consequent to the same within a stipulated time by considering the proposal resubmitted by the petitioner.
Assistant had arisen in the petitioner school due to the retirement of one S.Lawrence who was working as Junior Assistant, retired on 30.06.2022. One
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L.M.Vimala Christal made an application for being appointed to the said post. On considering her eligibility, she was appointed as Junior Assistant with effect from 13.03.2023. Pursuant to the appointment, on 27.04.2023, the petitioner had sent a proposal to the 4th respondent so as to approve the appointment of the said L.M.Vimala Christal as Junior Assistant enclosing all relevant documents, following which the proposal was acted upon by the proceedings of the 4th respondent on 30.05.2023 and the proposal was returned directing the petitioner to resubmit the proposal along with the certificate that there is no surplus post of Junior Assistant in the R.C. Diocese Management schools. Along with the said certificate, the petitioner further submitted a proposal before the 4th respondent. The 4th respondent, on receipt of the same, had forwarded the same to the 3rd respondent. However, the same was not disposed off by the 3rd respondent. In view of the same, this writ petition came to be filed.
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of. No costs.
23.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg
To
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L.VICTORIA GOWRI, J.
gbg
W.P(MD)No.2037 of 2024
23.02.2024
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1 issue framed by the court
Whether the 3rd respondent is liable to approve the appointment of L.M.Vimala Christal as Junior Assistant with service benefits within a stipulated time.
The Correspondent, St.Joseph's Higher Secondary School, Mulagumoodu, Kanyakumari District
The State of Tamil Nadu
The Commissioner of School Education, College Road, Chennai
The Chief Educational Officer, Nagercoil, Kanyakumari District
The District Educational Officer (Secondary), Marthandam, Kanyakumari District
Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
