Madras High Court
S.Shanti Priya vs The Director Of School Education on 10 April, 2019
Author: D.Krishnakumar
Bench: D.Krishnakumar
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2019
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.18539 of 2014
S.Shanti Priya,
9/234-A, Dhamu Nagar,
Bodipatti, Udumalpet,
Tiruppur District. .. Petitioner
.Vs.
1.The Director of School Education,
Office of the Director of School Education,
College Road, Nungambakkam,
Chennai 600 006.
2.The Joint Director of School Education,
Office of the Director of School Education,
College Road, Nungambakkam,
Chennai 600 006.
3.The Chief Educational Officer,
Tirupur Educational District,
Tirupur. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus directing the respondents to fix the salary of
the petitioner in the post of Post-graduate teacher as per Rule 22B of the
Tamil Nadu Government Fundamental Rules from the date of Petitioner's
appointment to the said post.
For Petitioner : Mr.R.Rajaram
For Respondents : Mr.K.Karthikeyan
Government Advocate
ORDER
http://www.judis.nic.in 2 The petitioner has filed this Writ Petition, seeking direction to the respondents to fix the salary of the petitioner in the post of Post- graduate teacher as per Rule 22B of the Tamil Nadu Government Fundamental Rules from the date of Petitioner's appointment to the said post.
2.The learned counsel for the petitioner submits that the petitioner was continuously worked as graduate teacher in Lourdu Annai Girls Higher Secondary School, K.Pudur, Madurai, which is an aided school till 08.09.2010. Subsequently, she applied through the Teachers Recruitment Board and was selected for the post of Post-Graduate Teacher (Mathematics) by the Joint Director of School Education in his proceedings Na.Ka.No.07642/W2/E1/2010 dated 31.08.2010 for the Government Higher Secondary School, Jollipatti, Tirupur District. Thereafter, she was relieved from the Lourdu Annai Girls Higher Secondary School, K.Pudur, Madurai on 08.09.2010 and joined in the Government Higher Secondary School, Jollipatti, Tirupur District, on 09.09.2010 as Post Graduate teacher. She made a representation on 11.11.2011 to the 3rd respondent to fix her salary in the post of Post Graduate Teacher, taking into account the salary drawn by her in the post of graduate teacher, by referring Rule 22B of the Tamil Nadu Government Fundamental Rules. Therefore, the petitioner prayed that http://www.judis.nic.in 3 she is entitled to get the salary of post graduate teacher as per Rule 22(B) of the Tamil Nadu Government Fundamental rules from the date of original appointment in aided school.
3.Courter affidavit filed by the 3rd respondent stating that the petitioner was worked as graduate teacher and her basic pay was Rs.9,300/- with other allowances and after her appointment as Post Graduate Teacher, her basic pay was Rs.15,600/- with other allowances. Therefore, claim of the petitioner cannot be considered. The petitioner's appointment as post graduate assistant by Teacher's Recruitment Board is a direct recruitment and therefore, she is not entitled for any benefit under FR-22B by taking into account of the service rendered by her in the aided school for pay fixation.
4.Heard the learned counsel on both sides.
5.On perusal of the submissions and records, it seems that the petitioner has applied for the post of Post Graduate Teacher through Teachers Recruitment Board and was selected, freshly appointed as Post Graduate Teacher. Therefore, the petitioner cannot seek for such relief of pay fixation by including the period while she was served as graduate teacher in an aided school. Hence there is no merits in the present Writ Petition and is liable to be dismissed.
http://www.judis.nic.in 4 D.KRISHNAKUMAR, J.
sai
6.Accordingly, this Writ Petition is dismissed. No costs.
10.04.2019
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
sai
To
1.The Director of School Education,
Office of the Director of School Education, College Road, Nungambakkam, Chennai 600 006.
2.The Joint Director of School Education, Office of the Director of School Education, College Road, Nungambakkam, Chennai 600 006.
3.The Chief Educational Officer, Tirupur Educational District, Tirupur.
W.P.No.18539 of 2014 http://www.judis.nic.in