V. Thangamani & Others v. The Director, Directorate of School Education & Others
2007-10-03
M.CHOCKALINGAM
body2007
DigiLaw.ai
Judgment :- This order shall govern the following five W.Ps.viz., W.P.Nos.3026,3027,3028,3029 and 3031 of 2004. In these writ petitions, the petitioners have sought for the direction directing the second respondent to grant approval of the appointment of the petitioners who were appointed in the post of Secondary Grade Assistants with effect from the date of their respective appointments. 2. Affidavits filed in support of the petitions are perused. 3. The Court heard the learned counsel for the petitioners as well as the learned counsel for the respondents. 4. Concededly, the petitioners who are five in number were all appointed in the sanctioned post of Secondary Grade Assistants in different schools under the management of fourth respondent before five or six years. Pursuant to their appointment, the fourth respondent management submitted a letter to the second respondent viz., the District Elementary Educational officer, Tirunelveli with a request to grant approval of their appointment in the said post. The petitioners also made representation to the second respondent for grant of approval. The third respondent after making due inspection of the respective schools has also submitted a report stating that the petitioners were appointed in the sanctioned post and also recommended for approval of their appointment. The second respondent also made an inspection and also submitted report recommending for approval of their appointment in the said post. Several representations have also been made by the petitioners to the first respondent, but inspite of the same, no action was taken to approve their appointment. Under such circumstances, the above writ petitions have been brought forth for the relief as extracted above. 5. Learned counsel for the petitioners reiterated the same contentions before this Court as put forth in the respective affidavits. 6. The Court heard the learned counsel for the respondents. 7. Now at this juncture, the recommendation made by the second respondent dated 3. 2007 to the first respondent is also placed before this Court and from which it could be seen that the recommendation have been made not only in respect of these petitioners, but also number of persons who are all appointed as Secondary Grade Assistants in different schools including that of the petitioners. It is also made clear that they were appointed against the sanctioned post.
It is also made clear that they were appointed against the sanctioned post. Since the fourth respondent has made a request and the third respondent has also made a recommendation and submitted a report to the second respondent, no impediment would be caused in issuing a direction to the second respondent for grant of approval. Under such circumstances, it would be quite necessary to issue a direction to the second respondent to grant approval in respect of the petitioners herein to pass orders for grant of approval of the appointment of the petitioners who are now working under the fourth respondent, management in the sanctioned post with the effect from the date of their respective appointments, as expeditiously as possible, preferably within a period of ten weeks from the date of receipt of a copy of this order and accordingly ordered. 8. With the above observation, the writ petitions are disposed of. No costs. Consequently, M.P.NOs.3559, 3561,3563,3565,3567 OF 2004 and WP.MP.NOS.1577,1578 AND 1579 OF 2004 are closed.