Madras High Court
P.Pommi Kutty Porcia vs The District Elementary Educational ... on 20 March, 2019
Author: R.Mahadevan
Bench: R.Mahadevan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P(MD)Nos.17932 of 2014, 13292 of 2015, 3267 and 3268 of 2017,
1889 and 4369 of 2018
and
M.P.(MD)No.1 of 2014, 1 of 2015 and W.M.P.(MD)No.2608 of 2017 and
4464 of 2018
W.P(MD)No.17932 of 2014:-
P.Pommi Kutty Porcia ... Petitioner
Vs.
1.The District Elementary Educational Officer,
Tirunelveli, Tirunelveli District.
2.The Additional Assistant Elementary
Educational Officer, Nanguneri,
Tirunelveli District.
3.The Correspondent,
St.Antony's Primary School,
Nellaiappapuram Nanguneri Union,
Tirunelveli District. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of Constitution of
India, to issue a writ of Certiorarified Mandamus, to call for the records
relating to the impugned proceedings issued by the first respondent,
District Elementary Educational Officer, vide Na.Ka.No.719/A5/2014,
dated 25.10.2014, quash the same and to direct the first respondent
herein to approve the petitioner's service as Secondary Grade Teacher
in the third respondent school during the period from 01.02.2002 to
17.06.2004 (2 years, 4 months and 16 days) with salary and other
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attendant benefits.
For Petitioner : Mr.A.Ajith Geethan
For R1 and R2 : Mrs.S.Srimathy,
Special Government Pleader
COMMON ORDER
These writ petitions have been filed seeking issuance of a Writ of Certiorarified Mandamus, to quash the impugned proceedings issued by the respondent authorities and further, to direct the respondent authorities to approve forthwith the appointment of the petitioners as Secondary Grade Teachers with effect from the date of their appointment and other consequential relief.
2.Since the issue involved in these writ petitions, is one and the same, they are being taken up for hearing together and disposed of by this common order.
3.It is the case of the petitioners that the respondent Schools are recognised Government Aided Minority Educational Institutions, wherein the post of Secondary Grade Teacher in the Schools fell vacant on account of the transfer of the incumbents to yet another School under the said Managements. In that vacancies, the petitioners were appointed with effect from 01.02.2002, 01.02.2002, 09.06.2010, http://www.judis.nic.in 3 14.09.2010, 03.10.2017 and 21.11.2016 respectively. Thereafter, the Schools submitted proposals to the concerned authority to approve their appointments as Secondary Grade Teachers and disburse grant-in- aid towards their salary and the respondent authorities returned the proposals on the ground that there are surplus posts in other Schools under the said Management. Challenging the same, the petitioners have filed the present Writ Petitions.
4.The learned counsel appearing for the petitioners submitted that the approval sought for is only for the sanctioned staff strength and therefore, there is no surplus Teacher in the Schools. The learned counsel also submitted that a Division Bench of this Court has dealt with the very same issue in 2018 (1) Writ L.R 421 [the Director of Elementary Education and others Vs. the Correspondent].
5.The learned counsel appearing for the petitioners further submitted that as per the Government Order in G.O(Ms)No.525, School Education (D1) Department, dated 29.12.1997, it is only for the Director of Elementary Education to redeploy the staff from one School to another and that the respondent School cannot redeploy them on its own.
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6.The learned Special Government Pleader brought to the notice of this Court that there are surplus teachers in the Management and the same is not adhered to by the respective Management.
7.In such view of the matter, the Government authorities are directed to grant approval at the earliest. As and when approval is granted and deployment order is passed considering the surplus strength, such deployment order is to be given forthwith by the Management with immediate effect.
8.With the above direction, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
20.03.2019
Index : Yes/No
Internet : Yes/No
cmr
To
1.The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.
2.The Additional Assistant Elementary Educational Officer, Nanguneri, Tirunelveli District.
http://www.judis.nic.in 5 R.MAHADEVAN, J.
cmr W.P(MD)Nos.17932 of 2014, 13292 of 2015, 3267 and 3268 of 2017, 1889 and 4369 of 2018 20.03.2019 http://www.judis.nic.in