Madras High Court
The Government Of Tamil Nadu, Rep. By Its ... vs Sri Rao Bahadur A.K.D. Dharmaraja Girls ... on 8 September, 2006
Author: P. Sathasivam
Bench: P. Sathasivam, S. Manikumar
JUDGMENT P. Sathasivam, J.
1. The above writ appeal is directed against the order dated 08.11.2002 made in W.P.7401 of 2000, in and by which, the learned single Judge, after setting aside the impugned order, has directed the respondent therein to disburse the salary to P. Jamuna, the writ petitioner, in the cadre of secondary grade teacher and also all consequential benefits.
2. The learned single Judge has issued such a direction mainly relying on paragraph 27 of the common order passed in Writ Appeal Nos.991 to 998 of 1998 dated 29.06.2001 reported in 2002 Writ Law Reporter 173 (Secretary And Correspondent Uswathun Hasana Oriental (Arabic) Girls Higher Secondary School v. The State of Tamil Nadu).
3. We have verified the relevant paragraph viz., 27. We are satisfied that there is no such direction for payment of salary to the secondary grade teacher from the date of her appointment. On the other hand, the learned Government Advocate has brought to our notice G.O.Ms.No.155 School Education(D2) Department dated 03.10.2002, which came to be issued subsequent to the order of the Division Bench dated 29.06.2001. Among the various clauses para 3(3) is relevant, which reads as under.
VERNACULAR TAMIL PORTION DELETED
4. A reading of the above clause makes it clear that the Government has turned down the request of the payment of salary from the date of appointment. However, the Government clarified that after completion of training and after serving a copy of the appointment order, the salary has to be paid from the said date.
5. Under such circumstances, we are of the view that the direction of the learned single Judge for payment of salary to the writ petitioner from the date of her appointment cannot be sustained. The direction regarding the same is set aside and the writ appeal is allowed to the extent mentioned above. No costs.