1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 24.09.2010 CORAM :: THE HONOURABLE MR. JUSTICE P. JYOTHIMANI AND THE HONOURABLE MR. JUSTICE S. NAGAMUTHU Writ Appeal (MD)No.592 of 2010 and M.P.(MD)No.2 of 2010 in WP(MD)No.8257 of 2008 1. The Secretary to Government, Education Department, State of Tamil Nadu, Secretariat, Fort. St. George, Chennai - 600 009. 2. The Director of School Education, College Road, Chennai - 6. 3. The District Educational Officer, Cheranmahadevi at Tirunelveli. ... Appellants/Respondents – Vs - 1. M.Soloman Junsingh, S/o. Moses, Church Street,Idayankudi, Tirunelveli District. ...Respondent/Petitioner 2. The Correspondent, S.M.Kadar Meera Sahib Higher Secondary School, Pettaikulam, Tuticorin District. .. Respondent No.2/Respondent No.4 Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 03.02.2009 made in W.P.(MD)NO.8257 of 2008. Prayer in W.P.(MD)NO.8257 of 2008: Praying for issuance of a Certiorarified Mandamus calling for the records relating to the return of request for the approval of appointment of the petitioner in the post of Waterman in 4th respondent school in his proceedings in A.Thi.Mu.1779/Aa1/06 dated 10.04.2006 on the file of the 3rd respondent and quash the same and consequently direct the respondents to approve the petitioner's appointment as Waterman in 4th respondent school with all the service benefits. For Appellants :: Mr.K.Balasubramanian Additional Government Pleader For Respondents :: Mr.T.A.Ebenezer https://hcservices.ecourts.gov.in/hcservices/ 2 JUDGMENT (Judgment of the Court was delivered by P. JYOTHIMANI, J.) This Writ Appeal is directed against the order of the learned Single Judge dated 03.02.2009 made in W.P.(MD)No.8257 of 2008. 2. The first respondent herein, who is the original writ petitioner, was appointed on 07.02.2006 as Waterman in the second respondent school herein, which is admittedly a minority school aided by the Government. The case of the appellants is that the appointment was made at the time when the ban on recruitment was in force. 3. Admittedly, the ban was lifted with effect from 07.02.2006, the date on which the first respondent herein came to be appointed in the second respondent school herein. Reliance placed upon by the learned Additional Government Pleader on G.O.Ms.No.115 School Education (D2) Department dated 30.05.2007 cannot be made applicable to the facts of this case. That was the order where after lifting the ban, the posts of Watchman, Scavenger, Sweeper and Scavenger - Sweeper were directed to be filled up by the school subject to the condition that the expenditure for the same shall be met by the respective schools through outsourcing. 4. The learned single Judge, while allowing the writ petition referred to the earlier order passed by this Court in W.P.(MD)No.4196 of 2008 dated 30.04.2008, where in a similar circumstance, direction was issued and the same has been complied with. The learned Single Judge has relied on the said order and granted the relief to the writ petitioner / first respondent herein. On the face of it, we do not see any reason to interfere with the order of the learned Single Judge. 5. In such view of the matter, there is absolutely no merit in this writ appeal and the same is dismissed. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.2 of 2010 is also dismissed. Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To 1. The Secretary to Government, Education Department,State of Tamil Nadu, Secretariat,Fort. St. George, Chennai - 600 009. 2. The Director of School Education,College Road, Chennai - 6. 3. The District Educational Officer, Cheranmahadevi at Tirunelveli. W.A.(MD)No.592 of 2010 and M.P.(MD)No.2 of 2010 24.09.2010 Dpn PA/12.10.2010/2P/4C https://hcservices.ecourts.gov.in/hcservices/