SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT Vs. JEYANTHI PREMA

JUDGEMENT

(1.) The official respondents 1 to 4 in W.P(MD)No.20761 of 2019, are the appellants.

(2.) The first respondent / writ petitioner has filed the said writ petition praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the fourth appellant / fourth respondent dated 03.04.2019 and quash the same with a consequential direction, directing the said respondent to approve her appointment as an Office Assistant in the services of the second respondent / fifth respondent school and disburse all service and monetary benefits w.e.f. 03.01.2019.

(3.) It is the case of the first respondent / writ petitioner that she was appointed as an Office Assistant on 03.01.2019 in the services of the second respondent school in the place of one Arasi Annie, who was transferred and promoted on 02.01.2019 and with regard to her appointment, the second respondent school sent a proposal to the fourth appellant / fourth respondent on 05.02.2019, seeking approval with effect from 03.01.2019 and also disburse the grant-in-aid towards salary. However, the fourth appellant / fourth respondent has rejected the said proposal vide order dated 03.04.2019, stating that in terms of G.O.Ms.No.238 School Education (Pa.Ka.6(1) Department, dated 13.11.2018, apart from the Post of Junior Assistant or Record Clerk, Office Assistant and Watchman, other posts can be allowed to continue till the retirement of present incumbents and also restrained the schools from filling up such Posts. The writ petitioner made a challenge to the said proceedings by filing the writ petition and it was entertained and the learned Judge has taken note of the fact that with regard to the matter in issue, this Court has also entertained W.P(MD)No.13404 of 2019, wherein this Court has granted interim orders dated 14.06.2019, has allowed the writ petition and by making a challenge to the same, the present writ appeal is filed.