1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18/04/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.3927 of 2011 C.Ilayaraja S/o.V.Sivanandi No.1, Thevar Thirumagan Street 1st ward, Thirunagar Madurai-6 ... Petitioner Vs. 1.The Chief Educational Officer, Office of the Chief Educational Officer, Thallakulam, Madurai – 625 002. 2.The District Educational Officer, Office of the District Educational Officer, Thallakulam, Madurai – 625 002. 3.The Secretary, Savithabai (Kovai) Higher Secondary School, Thirunagar, Madurai – 625 006. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the respondents 1 and 2 to accord and grant approval for the petitioner appointment as Junior Assistant in the third respondent school with effect from 22.02.2010 and consequently direct the respondents 1 and 2 to sanction the petitioner's salary and direct the third respondent to pay arrears of salary and monthly salary to the petitioner month after month. For petitioner ... Mr.B.S.Meltiue For Respondent ... Mr.P.Thilakkumar for RR1 & RR2 Addl. Government Pleader For RR3 Mr.M.K.Hidayathullah O R D E R Heard the learned counsel appearing for the petitioner, the learned Additional Government pleader appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The petitioner has approached this Court by filing the present Writ Petition for a mandamus directing the respondents 2 and 3 to accord and grant approval for his appointment as Junior Assistant in the third respondent School with effect from 22.02.2010 and consequently to direct the respondents 1 and 2 to sanction his salary and direct the third respondent to pay the salary to the petitioner from the date of his appointment. 3. The short matrix of the matter as stated in the affidavit by the petitioner in nutshell is stated hereunder: The third respondent School is a Government Aided Institution coming under the control of the respondents 1 and 2. In pursuant to the paper publication in the Tamil News Daily 'Madurai Mani', dated 09.02.2010, inviting applications to the post of Junior Assistants in the third respondent School, the petitioner applied for the same. He has secured 51 marks out of 100, whereas the other candidates have secured only 37, 32 and 23 respectively. Since the petitioner secured the highest marks, an interview was conducted and the third respondent issued an appointment order to him asking him to join duty in the forenoon of 22.02.2010. Accordingly, he joined duty on the said date and reported the same before the third respondent. However, his appointment was not approved by the respondents 1 and 2. 3.1. The petitioner came to know that one S.Mariappan, who was working as a Record Clerk in the third respondent School, has filed a writ petition in W.P.No.2031 of 2010 alleging that he should have been appointed as Junior Assistant. However, the said Writ Petition came to be dismissed on 28.04.2010. No appeal has been filed against the said order. 3.2. However, the respondents 1 and 2 did not approve the petitioner's appointment as Junior Assistant. The third respondent also has not taken any initiative in this regard. Hence, the petitioner has come up with the present Writ Petition for the relief as stated earlier. 4. Counter affidavit was filed by the third respondent. Though a lengthy counter affidavit is filed, the sum and substance of the counter affidavit is that the petitioner's appointment was not approved by the respondents 1 and 2, since one S.Mariappan has filed a Writ Petition in W.P.(MD) No.2031 of 2010 before this Court and obtained an interim order. Later, the writ petition came to be dismissed. In pursuant to the order of dismissal passed by this Court, the said Mariappan has approached the authority by filing a statutory appeal. Even the statutory appeal came to be dismissed on 28.04.2010. Thereafter, the third respondent has sent a communication to the respondents 1 and 2 to approve the appointment of the petitioner. But, however, the approval was not made. https://hcservices.ecourts.gov.in/hcservices/ 3 5. Counter affidavit was not filed on behalf of the respondents 1 and 2. But, however, the learned Additional Government Pleader appearing for the respondents 1 and 2 stated that after the dismissal of the writ petition, a statutory appeal preferred by the said S.Mariappan. After dismissal of the same, the third respondent has sent the proposal seeking approval of the appointment of the petitioner as Junior Assistant and in due course his appointment will be approved. 6. I have heard the submissions made on either side. 7. It is not in dispute that the petitioner has applied to the post of Junior Assistant in pursuant to the paper publication made in the Tamil News Daily, 'Madurai Mani', dated 09.02.2010, and secured 51 marks, which was the highest mark. He has been called for an interview by the third respondent and appointed him to the said post. However, the proposal sent by the third respondent for approving the appointment of the petitioner could not be considered by the respondents 1 and 2, since one S.Mariappan, who is working as Record Clerk in the third respondent School has filed a Writ Petition before this Court in W.P.No.2031 of 2010. The said Writ Petition was dismissed on 28.04.2010. Thereupon, it seems that the third respondent has sent a communication to the respondents 1 and 2 to approve the appointment of the petitioner. Nevertheless, the appointment of the petitioner was not approved so far. 8. There could be reasons to postpone the approval of the appointment of the petitioner, since a writ petition has been filed by the third party and also a statutory appeal before the appropriate authority. Since the writ petition was dismissed on 28.04.2010 and also the appeal preferred by the said Mariappan was dismissed on 28.02.2011, there cannot be any impediment for the respondents 1 and 2 to approve the appointment of the petitioner. The respondents 1 and 2 without granting approval of the petitioner's appointment to the post of Junior Assistant is prolonging the matter. 9. Taking such view, I am inclined to direct the respondents 1 and 2 to approve the appointment of the petitioner as Junior Assistant. The said exercise has to be carried out within a period of fifteen days from the date of receipt of a copy of this order. The Writ Petition is ordered accordingly. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To 1.The Chief Educational Officer, Office of the Chief Educational Officer, Thallakulam, Madurai – 625 002. 2.The District Educational Officer, Office of the District Educational Officer, Thallakulam, Madurai – 625 002. 3.The Secretary, Savithabai (Kovai) Higher Secondary School, Thirunagar, Madurai – 625 006. +1 CC to Special Government Pleader (SR.No.14298) +1 CC to Mr.M.K.Hidayathullah, Advocate (SR.No.13887) +1 CC to Mr.B.S.Meltiue, Advocate (SR.No.13888) W.P.(MD) No.3927 of 2011 and M.P.(MD) No.1 of 2011 18.04.2011 RR NSV/26.4.11/4P/7C https://hcservices.ecourts.gov.in/hcservices/