S. EMILE Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr.Aayiram K.Selvakumar, learned counsel appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate appearing for the respondents 1 to 4. Carefully perused the materials available on records.

(2.) This writ petition has been filed for a Certiorarified Mandamus to quash the impugned proceedings passed by the 3rd respondent / Chief Educational Officer dtd. 27/6/2024 in Na.Ka.No.803/A4/2023 and further direct the 3rd respondent Chief Educational Officer to approve the appointment of the petitioner as BT Assistant (Science) in the fifth respondent school w.e.f. 3/6/2019 with salary, allowances and all attendant benefits including arrears of salary.

(3.) The fifth School has appointed the petitioner as BT Assistant (Science) on 3/6/2019 due to the retirement of the then incumbent Mrs.J.Margaret on 31/5/2019. The fifth respondent submitted a proposal for approval of appointment of the petitioner on 25/6/2019 and the same was returned by the 4th respondent vide proceedings dtd. 5/6/2020, stating that the school shall resubmit the proposal after obtaining No Objection Certificate (NOC) from the 3rd respondent / Chief Educational Officer. Thereafter, again the school resubmitted the proposal before the 4th respondent / District Educational Officer stating that the surplus posts in the other schools will in no way an impediment in approving the appointment made against the sanctioned posts, however the same was returned, and reiterated the same reasons.