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2023 Supreme(Mad) 1943

G. R. SWAMINATHAN
Secretary / Correspondent, Madura College Higher Secondary School, Madurai – Appellant
Versus
State represented by The Secretary, Department of School Education, Fort St. George, Chennai – Respondent


Advocates appeared:
For the Petitioner:K. Ragatheesh Kumar, for M/s. Issac Chambers, Advocates. For the Respondents: N. Satheesh Kumar, Additional Government Pleader.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent Chief Educational Officer in O.Mu.No.3318/Aa4/2020 dated 14.06.2021 denying approval to the appointment of S.Banupriya as BT Assistant (Maths), quash the same, and further direct the third Respondent CEO to approve forthwith the appointment of S.Banupriya as BT Assistant (Maths) in the petitioner School W.e.f 01.08.2019, with all attendant benefits including arrears of salary and allowances.

1. Heard the learned counsel on either side.

2. The petitioner is an aided institution. Vacancy arose in the petition mentioned sanctioned post following the promotion of the incumbent. The petitioner approached the competent authority seeking permission to fill up the resulting vacancy. Permission was accorded. Copy of the said proceedings has been enclosed in the typed set of papers. Only thereafter, after following due procedure, the petitioner appointed the petition mentioned candidate S.Banupriya as BT Assistant (Maths) with effect from 01.08.2019. However, approval was den

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