1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).Nos.2149 to 2151 of 2011 M.Chitra : Petitioner in W.P.(MD)No.2149 of 2011 A.Dhanalakshmi : Petitioner in W.P(MD).No.2150 of 2011 A.Lawrence Amalin Savariraj : Petitioner in W.P(MD).No.2151 of 2011 Vs. 1.The District Elementary Educational Officer, Tiruchi. 2.The Assistant Elementary Educational Officer, Tiruchi Urban, Tiruchi. 3.The Secretary, Thennur Middle School, Thennur, Tiruchi. : Respondents in all W.Ps. COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to approve the appointment of the petitioner as Secondary Grade/Graduate Teacher with effect from 13.04.2010, 12.04.2010 and 05.04.2010 respectively on the basis of the proposal of the third respondent school dated 16.04.2010, 16.04.2010 and 07.04.2010 respectively with all consequential benefits. For Petitioners : Mr.S.N.Ravichandran For Respondents : Mr.V.Rajasekaran Special Government Pleader COMMON ORDER Mr.V.Rajasekaran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petitions are taken up for final disposal at the stage of admission itself. 2. I have heard the learned counsel appearing for the petitioners and the learned Special Government Pleader appearing for the respondents. 3. The petitioners have come up with the present Writ Petitions for a Mandamus, directing the first respondent to approve the appointment of the petitioners as Secondary Grade/Graduate https://hcservices.ecourts.gov.in/hcservices/ 2 Teachers with effect from 13.04.2010, 12.04.2010 and 05.04.2010 respectively, on the basis of the proposal sent by the third respondent dated 16.04.2010, 16.04.2010 and 07.04.2010 respectively with all consequential reliefs. 4. The case of the petitioners is that the third respondent School is an Aided Middle School existing from the year 1911. It was given permanent recognition. They passed the diploma in Teacher Education in the year 2005, 2004 and 2004 respectively and registered the same in the District Employment Exchange. A vacancy arose for the post of Secondary Grade Teacher in the third respondent school due to the retirement of Tmt.D.Grahalakshmi, Tmt.Ulagammal and Tmt.Chandra, Secondary Grade Teachers on 31.05.2007, 31.05.2006 and 31.05.2009 respectively. The third respondent issued advertisement on 05.04.2010, 05.04.2010 and 27.03.2010 in the newspapers inviting applications from the suitable candidates. Pursuant to the same, the petitioners applied for the said post and have been called for interview. Later, they were appointed by orders dated 12.04.2010, 12.04.2010 and 04.04.2010 and they joined duty on 13.04.2010, 12.04.2010 and 05.04.2010. 5. The proposal for approval of their appointment was sent to the first respondent on 16.04.2010, 16.04.2010 and 07.04.2010. However, the same was not approved by the first respondent. The first respondent, by proceedings dated 17.06.2010, refused to approve the same and against which, the third respondent filed a Writ Petition in W.P.(MD).No.8877 of 2009. The said Writ Petition was allowed by this Court by an order dated 26.03.2010. Thereafter, the third respondent School filled up the three vacancy. Against the order made in W.P. (MD)No.8877 of 2009, the respondents have filed a writ appeal in W.A.No.86 of 2011 and the same also was dismissed on 27.01.2011. Thereafter, the respondents conducted inspection on the School and found that the recent student strength has increased. Nevertheless, their appointment was not approved by the respondents and hence, the petitioners have come up with the present Writ Petitions for the reliefs stated earlier. 6. Considering the above facts and circumstances of the case and considering the fact that the Writ Petition filed by the third respondent was allowed by this Court, which was confirmed in the writ appeal, I am of the considered view that the request of the petitioners or the third respondent School has to be acceded to by the first respondent. Hence, the first respondent is directed to consider the above facts and also consider the request of the petitioners for approval of their appointment as Secondary Grade/Graduate Teacher with effect from 13.04.2010, 12.04.2010 and 05.04.2010 with all consequential benefits. The said exercise has to be carried out by the first respondent, within a period of two months from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 3 7. The Writ Petitions stand disposed of in the above terms. No costs. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.The District Elementary Educational Officer, Tiruchi. 2.The Assistant Elementary Educational Officer, Tiruchi Urban, Tiruchi. +3cc to Mr.K.K.Kannan, Advocate, Sr.Nos.5789 to 5791/11 +one cc to Special Government Pleader, Sr.No. 5972 Common Order made in W.P.(MD).Nos.2149 to 2151 of 2011 Dated:- 10.03.2011 SML SMA/14.03.2011/7C/3P https://hcservices.ecourts.gov.in/hcservices/