Madras High Court
The State Of Tamil Nadu vs P.K.N.Higher Secondary School on 6 December, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A(MD)NO.1037 OF 2021
and
C.M.P(MD)No.4632 of 2021
1.The State of Tamil Nadu,
represented by its Principal Secretary to Government,
School Education Department,
Secretariat, Fort St.George,
Chennai.
2.The Director of School Education,
DPI Campus, College Road,
Chennai.
3.The Chief Educational Officer,
Madurai,
Madurai District.
4.The District Educational Officer,
Usilampatti,
Madurai District. :Appellants/Respondents 1 to 4
.vs.
P.K.N.Higher Secondary School,
represented by its Secretary,
Mr.P.A.Sakthivel,
No.104, Madurai Road,
Thirumangalam,
Madurai District. : Respondent/Petitioner
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
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2
W.P(MD)No.24304 of 2015, dated 26.11.2019.
For Appellants :Mr.S.R.A.Ramachandhran
Addl.Govt.Pleader
For Respondent :Mr.VR.Shanmuganathan
JUDGMENT
*************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Writ Appeal is directed against the order of the learned
Single Judge made in W.P(MD)No.24304 of 2015, dated
26.11.2019.
2.Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
3.The above Writ Appeal is filed by the Government
challenging the appointment of a Gardener in the
respondent/School. Admittedly, the respondent-School is a
recognised Government aided private school. The said school has
the sanctioned post of non-teaching staff namely, Gardner. The
incumbent Garnder retired on 31.03.2018,on attaining the age of
superannuation and in the said vacancy which fell vacant on
31.3.2018, one J.Thangarajan was appointed on 30.05.2018. When
the proposal was sent on the same day to the second respondent
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for approval, it was rejected by the fourth appellant on the ground
that as per G.O.Ms.No.64, School Education Department, dated
3.4.2018, permission cannot be granted for non-teaching staffs.
The Writ Petition was filed challenging the said order of rejection,
which was allowed by the Writ Court. The said order is now under
challenge before this Court.
4.The learned Additional Government Pleader placed his
reliance on G.O.Ms.No.64, School Education Department, dated
3.4.2018 and Clause4(5) of the said Government Order states as
follows:
“Ehyfh;. Ehyf cjtpahsh;. njhl;lf;fhuh; kw;Wk; ePh;
bfhzh;gth; nghd;w gzpapl';fs; muR gs;spfSf;nf
xg;g[jyspf;fg;glhj epiyapy.; MuR epjpa[jtp bgWk;
gs;spfspYs;s nkw;fz;l gzpapl';fis jpUk;g vLj;Jf;
bfhz;L mg;gzpapl';fspy; jw;nghJ gzpg[hpgth;fs; Xa;t[ bgw;w
gpdd; h; my;yJ gjtp cah;t[ bgw;w gpdd ; h;. mg;gzpapl';fs;
fhypahFk;gl;rj;jpy; mg;gzpapl';fSf;F tH';fg;gl;l xg;g[jy;
jpUkgg; bgwntz;Lk; vd;Wk;. Xg;g[jy;
mspf;fg;gl;l ,g;gzpapl';fis jpUk;gg; bgWtJ rhh;e;J.
gs;spapd; bgah;. gjtp Mfpatw;wiw Fwpg;gpl;L mg;gzpapl';fspy;
jw;nghJ gzpg[hpgth; Xa;t[ bgw;w gpdd ; h; my;yJ gjtp
cah;t[ bgw;w gpdd ; h; fhypahFk;gl;rj;jpy; ,g;gzpapl';fspd;
xg;gspg;gpidjpUk;gg; bgwt[k;. gzpapl';fspypy; gzpg[hpgth;
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Xa;t[ bgw;w ehs; Kjy; ,jid eilKiwg;gLj;j
ntz;Lk;/ ,jw;bfd murstpy; Miz btspapl ntz;o jf;f
fUj;JUtpid muRf;F mDg;gp itf;FkhWk; gs;spf;
fy;tp ,af;FeUf;F mwpt[Wj;jg;gLfpwJ/”
5.As per the above said cluase, whenever the approved post
of non-teaching staff became vacant, the said post with the other
details like name of the school etc., should be mentioned and the
same should be surrendered and there should be a Government
order issued in this regard. The above said caluse had made such
recommendation to the Director of School Education. The learned
Additional Government Pleader only relied on the condition that
ifthe incumbent retired and the vacancy arose on 31.03.2018,
the school will surrender the post of Gardener, which is a non
teaching staff. But a close reading of the above said Government
Order states that the said recommendation has to be issued by way
of Government Order, to bring it to operation.
6.The learned counsel appearing for the appellants is unable
to state whether any such Government Order has been issued so
far. Therefore, the only objection that has been raised is the
surrendering of post on the date when it fell vacant, does not
survive for consideration. .
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7.The learned counsel for the respondent would state that the
school is having more than 1000 students and there is only one
Garnder to maintain the Garden. In fact, the learned Single Judge
also has found that the said clause is discriminatory with the
similarly placed persons were approved by the Department.
8.In the light of the above discussions and in the absence of
Government Order pursuant to the above referred Government
Order in G.O.Ms.No.64, School Education Department, dated
3.4.2018 specifically directing the schools to surrender the post as
and when the vacancy arises in future and other retirement or
promotion. The argument of the appellant cannot be accepted.
Hence the Writ Appeal is dismissed.The respondents 3 and 4 are
directed to consider the proposal made by the Writ Petitioner
School and approve the appointment of J.Thangarajan as Gardner,
if it is otherwise in order, within a period of four weeks from the
date of receipt of a copy of this order and report compliance. No
costs. Consequently, connected Miscellaneous Petition is dismissed.
9.Post the matter under the caption ''for reporting
compliance'' on 19.01.2022.
[P.S.N.,J.] [P.V.,J.]
06.12.2021
https://www.mhc.tn.gov.in/judis
Index:Yes/No
Internet:Yes/No
vsn
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall
be the responsibility of the
advocate / litigant
concerned.
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PUSHPA SATHYANARAYANA, J.
AND
P.VELMURUGAN, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1037 OF 2021
and
C.M.P(MD)No.4632 of 2021
06.12.2021
https://www.mhc.tn.gov.in/judis
