Madras High Court
Vallalar High School vs The Government Of Tamil Nadu on 16 April, 2014
Author: K.B.K.Vasuki
Bench: K.B.K.Vasuki
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16.04.2014
CORAM
The Hon'ble Ms. Justice K.B.K.VASUKI
W.P.No.26483 of 2005
Vallalar High School,
Valayamadevi,
Pinnalur Post,
Chidambaram Taluk,
Cuddalore District.
Rep. By its
Secretary. .. Petitioner
vs.
1.The Government of Tamil Nadu,
Rep. By its Secretary,
School Education Department,
Fort St. George, Chennai 600 006.
2.The Director of School Education,
College Road,
Chennai 600 006.
3.The District Educational Officer,
Cuddalore District,
Cuddalore.
4.C.Kavitha .. Respondents
Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the order of the third respondent issued in Na.Ka.No.3997/B3/1999, dated 25.7.2005, quash the same and consequently, direct the third respondent to approve the appointment of the fourth respondent as Middle Graduate Teacher (Science) from 01.06.2002.
For Petitioner ... Mr.K.Vijyakumar
For Respondents
1 to 3 ... Mr.R.M.Muthukumar, G.A
For 4th
Respondent ... Ms.P.Mahalakshmi
ORDER
The short point that arises for consideration herein is as to whether the appointment of the fourth respondent is to be approved with effect from 1.6.2002 as Middle Graduate Teacher (Science).
2.The petitioner school is an aided school. There are 13 teaching posts and 4 non-teaching posts sanctioned by the department. Out of 6 Secondary Grade posts sanctioned by the department, one post held vacant on 10.12.1998 and the petitioner school obtained due permission from the Chief Educational Officer, Cuddalore to fill up the post. Thereafter, the fourth respondent, who possessed the qualification of B.Sc (Chemistry) and B.A. Degree, was appointed as Secondary Grade Teacher on 19.3.1999 and her appointment was approved on 6.10.1999 with effect from 19.3.1999. The competent authority did not sanction the time scale of pay to the fourth respondent with effect from the date of her appointment namely, 19.3.1999, which compelled the petitioner School to approach the second respondent, Director of School Education, Chennai and the District Educational Officer, Cuddalore for releasing her salary in the Government funds. Thereafter, the second respondent/District Educational Officer, Chennai on 23.6.2005 issued notice to the petitioner management stating that the appointment of the petitioner as Secondary Grade Teacher was in violation of G.O.Ms.No.155, School Education Department, dated 3.10.2002. In the meanwhile, the first respondent issued G.O.Ms.No.79, School Education Department, dated 14.06.2002 thereby upgrading the Secondary Grade Teacher vacancies arising in standards VI to X during 2002-2003 as Middle Graduate Teacher post on time scale of pay for the purpose of handling English, Science and Mathematics subject.
3.In view of the same, the petitioner Management made representation dated 5.7.2005 to approve the appointment of the fourth respondent as Middle Graduate Teacher from 14.6.2002 and pay salary to her as per the terms of G.O.Ms.No.79, School Education Department, dated 14.06.2002. The representation was rejected by the third respondent, District Educational Officer, Cuddalore in his proceedings Na.Ka.No.3997/B3/1999, dated 25.7.2005, which is impugned herein for the reason that the appointment of the fourth respondent was made prior to G.O.Ms.No.79, School Education Department, dated 14.06.2002 and the petitioner school should get the approval from the Government prior to the appointment of the fourth respondent. As rightly argued by the learned counsel for the petitioner, the reason stated in the impugned order is totally arbitrary and erroneous for the following reasons.
4.Admittedly, the petitioner Management duly obtained permission to fill up vacancy in the Secondary Grade Teacher Post and the fourth respondent was duly appointed in the said post. G.O.Ms.No.79, School Education Department, came to be passed on 14.06.2002 directing the upgradation of the Secondary Grade Teacher post as Middle Graduate Teacher post. In that event, the appointment of the fourth respondent can be approved in the light of G.O.Ms.No.79, School Education Department, dated 14.06.2002 from the date of issuance of the said G.O. The act of the respondents in rejecting the claim made by the petitioner Management is arbitrary and not justifiable.
5.At this juncture, the learned counsel for the petitioner in support of the claim cited the unreported order of this Court in W.P.No.8017 of 2004 and WPMP No.9466 of 2004 dated 4.11.2004 wherein, the learned brother Judge under identical circumstances, directed the approval of the appointment of the petitioner therein, in the light of G.O.Ms.No.79, School Education Department, dated 14.06.2002 with effect from 1.6.2002. While doing so, the learned brother Judge followed the earlier order of this Court in W.P.No.47028 of 2002 dated 4.11.2003 wherein, the appointment of the Graduate Teachers in the post of Secondary Grade Teacher has been approved.
6.The same view is squarely applicable to the facts of the present case, wherein, the appointment of the fourth respondent shall be approved with effect from 1.6.2002 as per G.O.Ms.No.79, dated 14.06.2002. Accordingly, the fourth respondent is held to be entitled to the same benefits in terms of G.O.Ms.No.79, dated 14.06.2002 with effect from 1.6.2002.
7.In the result, the writ petition is allowed by setting aside the impugned order passed by the third respondent. The third respondent is directed to approve the appointment of the fourth respondent as Middle Graduate Teacher (Science) with effect from 1.6.2002 along with other service and monetary benefits. The above exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs.
16.04.2014 Index:Yes/No Internet:Yes/No cla To
1.The Secretary, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai 600 006.
2.The Director of School Education, College Road, Chennai 600 006.
3.The District Educational Officer, Cuddalore District, Cuddalore.
K.B.K.VASUKI,J cla W.P.No.26483 of 2005 16.04.2014