K C S NADAR HIGHER SECONDARY SCHOOL Vs. SECRETARY SCHOOL EDUCATION DEPARTMENT GOVERNMENT OF TAMIL NADU FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) THE writ petition has been filed by the petitioner seeking a writ of mandamus, directing the respondent No.3 to grant approval to the appointments of Mr.Kannan and Mrs.Devanesan in the sanctioned posts of Library Clerk and Record Clerk respectively with effect from their appointments from 26.07.2007.

(2.) IT is the case of the petitioner that in pursuant to the Resolution dated 25.07.2007, interview was conducted to fill the posts of Library Clerk and Record Clerk. Accordingly in the sanctioned posts available for Library Clerk and Record Clerk, Mr.Kannan and Mrs.Devanesan have been appointed. The petitioner sought for the approval with the respondent No.3. The respondent No.3 has not approved the appointments made by the petitioner and therefore the petitioner has come forward to file the present writ petition.

(3.) IT is not in dispute that the vacant posts available which were filled up later by the petitioner as Library Clerk and Record Clerk are sanctioned posts. The very same issue as to whether the subsequent Government Orders are applicable to the post of Library Clerk has been considered by this Court in W.P.No.4221 of 2009 etc. dated 29.07.2010. Moreover, the said position is no longer in dispute in view of the order passed by the respondent No.2 in Na.Ka.No.87216-D1-E4-2009 dated 09.11.2010.