M SIVABALAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Aggrieved by the proceedings of the Director of School Education, the second respondent herein dated 20.4.2002, resuming the post of Physical Director Grade-I, sanctioned to the fifth respondent-Higher Secondary School by the first respondent by G.O.No.4D No.1 School Education Department, dated 21.1.2000, and the consequential proceedings of the fourth respondent dated 30.5.2002, refusing approval to the appointment of the petitioner as Physical Director Grade-I in the fifth respondent-School, due to the withdrawal of sanction of the said post, the petitioner seeks a writ of Certiorarified Mandamus to call for the records of the second respondent in connection with the impugned proceedings of the second respondent in Na.Ka.No.2431/W7/97 dated 20.4.2002 in so far as withdrawing the post of Physical Director Grade-I in the fifth respondent school and the consequential impugned order of the fourth respondent in Mu.Mu.No.3856/Aa1/2002 dated 30.5.2002 refusing the approval to the appointment of the petitioner to the post of Physical Director Grade-I in the fifth respondent school, quash the same and consequently to direct respondents 1 to 4 to approve the appointment of the petitioner as Physical Director Grade-I in the fifth respondent school.

(2.) Concededly, the first respondent-Government by G.O.(4D)No.1, School Education Department, dated 21.1.2000, upgraded the post of Physical Director Grade-II to Physical Director Grade-I and accorded sanction to the post of Physical Director Grade-I in the fifth respondent school from the academic year 2000-2001, referring the name of the incumbent viz., V.Sokkalal, who was holding the post of Physical Director Grade II in the fifth respondent school at the relevant point of time.

(3.) Mr.K.Chandru, learned Senior Counsel appearing for the petitioner, invited my attention to the repeated representations of the fifth respondent school to the second respondent, to permit the fifth respondent School to utilise the upgraded post, as V.Sokkalal had already retired and that the second respondent accorded permission for the same only on 6.12.2001, which was communicated to the fifth respondent by proceedings of the third respondent dated 25.2.2002.