Madras High Court
The Director Of School Education vs E.Rathinamala on 11 August, 2021
Author: Pushpa Sathyanarayana
Bench: Pushpa Sathyanarayana, Krishnan Ramasamy
W.A.No.394 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2021
CORAM
The Honourable Mrs.Justice PUSHPA SATHYANARAYANA
and
The Honourable Mr.Justice KRISHNAN RAMASAMY
W.A.No.394 of 2021
and C.M.P.No.1564 of 2021
1.The Director of School Education,
DPI Compound, College Road,
Chennai -6.
2.The Chief Educational Officer,
Tiruvannamalai District.
3.The District Educational Officer,
Tiruvannamalai District. ... Appellant
vs
1.E.Rathinamala,
W/o.T.Ben Robert,
B.T.Assistant (History),
Danish Mission Higher Secondary School,
Tiruvannamalai District.
2.The Correspondent,
Danish Mission Higher Secondary School,
Tiruvannamalai District.
https://www.mhc.tn.gov.in/judis/
Page No.1 of 6
W.A.No.394 of 2021
3.The Central Manager & Chairman,
Education Board,
D.M.Elementary Higher Elementary School,
Parikkal, Cuddalore District. ...Respondents
Prayer: Writ Appeal filed under clause 15 of the Letters Patent Act against
the final order dated 12.02.2020, made in W.P. No.1417 of 2020.
****
For Appellants : Mr.R.Neelakandan
State Government Counsel
For R1 : Mr.T.Dharani
For R2 & R3 : No Appearance
****
JUDGMENT
(delivered by Pushpa Sathyanarayana,J., ) This is an intra-Court appeal filed against the order passed by the learned Single Judge in W.P. No.1417 of 2020 dated 12.02.2020.
2.The second respondent had sent a proposal to the third appellant to approve the appointment of the first appellant in the post of BT Assistant (History), with effect from 01.03.2017, in the vacancy caused due to the death of one Stanley Anandaraj. The said proposal was returned stating that already there are 6 posts of BT Assistant as surplus in the year 2016- 2017 and 11 posts of BT Assistant as surplus in the year 2017-2018 and refused to approve the appointment of the first respondent. https://www.mhc.tn.gov.in/judis/ Page No.2 of 6 W.A.No.394 of 2021
3.Aggrieved by the same, the first respondent filed a writ petition in W.P.No.1417 of 2020, wherein, the learned Single Judge had quashed the impugned proceedings and directed the second respondent-school to re- submit the proposal to the third appellant and on receipt of the said proposal, the third appellant was directed to process the file and grant approval, if the writ petitioner fulfils all the other requirements.
4.The learned Single Judge issued such direction based on the judgment of this Court in the case of “Thiruvavaduthurai Adheenam Middle School vs. The Director of Elementary Education and others”, and observed that the officials cannot rely upon G.O.Ms.No.165 dated 17.09.2019, which has already been suspended by a Division Bench of this Court. It is also seen that, in the case on hand, it was a sanctioned post which was filled up subsequent to the death of a teacher. Since without adverting to all these facts, the impugned order was passed, the above direction was given by the learned Single Judge.
5.The direction was only to consider the proposal sent by the second respondent and approve the appointment, if everything is in order. The https://www.mhc.tn.gov.in/judis/ Page No.3 of 6 W.A.No.394 of 2021 appellants cannot have any grievance before consideration of the proposal in the light of the observation made by the learned Single Judge. Therefore, we do not find any merits in the present appeal.
6.In view of the above, the Writ Appeal is dismissed with a direction to the third appellant to consider the proposal, which has been already submitted by the second respondent - School, within a period of four weeks from the date of receipt of a copy of this judgment. No costs. Consequently, connected miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
11.08.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non Speaking Order
rst
To:
1.The Correspondent,
Danish Mission Higher Secondary School, Tiruvannamalai District.
2.The Central Manager & Chairman, Education Board, D.M.Elementary Higher Elementary School, Parikkal, Cuddalore District.
https://www.mhc.tn.gov.in/judis/ Page No.4 of 6 W.A.No.394 of 2021 https://www.mhc.tn.gov.in/judis/ Page No.5 of 6 W.A.No.394 of 2021 PUSHPA SATHYANARAYANA, J.
and KRISHNAN RAMASAMY, J.
rst W.A.No.394 of 2021 and C.M.P.No.1564 of 2021 11.08.2021 https://www.mhc.tn.gov.in/judis/ Page No.6 of 6