Madras High Court
S.Uma Maheshwari vs The State Of Tamil Nadu on 14 July, 2021
W.P.Nos.13015, 13052, 13074 and 13288 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
W.P.Nos.13015, 13052, 13074 and 13288 of 2021
W.M.P.Nos.13821, 13822, 13852,13853, 13880,
13883, 14108, and 14109 of 2021
W.P.No.13015 of 2021
S.Uma Maheshwari .. Petitioner
Versus
1.The State of Tamil Nadu
Rep by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 009.
3.The Chief Education Officer,
Coimbatore,
Coimbatore District.
4.The District Educational Officer,
Coimbatore,
Coimbatore District.
5.The Correspondent,
Shree Baldevdas Kikani Vidyamandir
Higher Secondary School,
R.S.Puram,
Coimbatore District – 641 002. .. Respondents
https://www.mhc.tn.gov.in/judis/
W.P.Nos.13015, 13052, 13074 and 13288 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Certiorarified Mandamus calling for the records relating to
the impugned proceedings issued by the 3rd respondent CEO in
O.Mu.No.2837/A4/2019 dated 13.02.2020 and the consequential
proceedings issued by the 4th respondent DEO in
O.Mu.No.386/Aa2/2019 dated 16.12.2020 quash the same and further
direct the 3rd respondent Chief Educational Officer and 4th respondent
District Educational officer to approve forthwith the appointment of
petitioner as Office Assistant in the 5th respondent School namely,
Shree Baldevdas Kikani Vidyamandir Higher Secondary School
R.S.Puram, W.e.f the date of appointment viz. 10.08.2018 with all
attendant benefits including the arrears of salary and allowances.
W.P.No.13074 of 2021
S.Karuppasamy .. Petitioner
Versus
1.The State of Tamil Nadu
Rep by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 009.
3.The Chief Education Officer,
Coimbatore,
Coimbatore District.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.13015, 13052, 13074 and 13288 of 2021
4.The District Educational Officer,
Coimbatore,
Coimbatore District.
5.The Correspondent,
Shree Baldevdas Kikani Vidyamandir
Higher Secondary School,
R.S.Puram,
Coimbatore District – 641 002. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Certiorarified Mandamus calling for the records relating to
the impugned proceedings issued by the 3rd respondent CEO in
O.Mu.No.2836/A4/2019 dated 13.2.2020 and the consequential
proceedings issued by the 4th respondent DEO in
O.Mu.No.385/A2/2019 dated 16.12.2020 quash the same and further
Direct the 3rd respondent Chief Educational officer and 4th respondent
District Educational Officer to approve forthwith the appointment of
petitioner as Scavenger in the 5th respondent school namely, Shree
Baldevdas Kikani Vidyamandir Higher Secondary school Rs.S.Puram,
w.e.f the date of appointment viz. 10.8.2018 with all attendant benefits
including the arrears of salary and allowances.
W.P.No.13052 of 2021
D.Arunkumar .. Petitioner
Versus
1.The State of Tamil Nadu
Rep by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.13015, 13052, 13074 and 13288 of 2021
2.The Director of School Education,
College Road,
Chennai – 600 009.
3.The Chief Education Officer,
Coimbatore,
Coimbatore District.
4.The District Educational Officer,
Perur at Kuniamuthur,
Coimbatore District.
5.The Secretary,
Thavathiru Santhalinga Adigalar
Higher Secondary School,
Perur,
Coimbatore District – 641 010. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Certiorarified Mandamus calling for the records relating to
the impugned proceeding issued by the 4th respondent DEO in
Na.Ka.No.8982/A-4/2018 dated 09.01.2019 quash the same and
further Direct the 3rd respondent Chief Educational Officer and 4th
respondent District Educational Officer to approve forthwith the
appointment of petitioner as Record Clerk in the 5th Respondent
School, namely Thavathiru Santhalinga Adigalar Higher Secondary
School, Perur, w.e f. the date of appointment viz., 01.06.2018 with all
attendant benefits including the arrears of salary and allowances.
W.P.No.13288 of 2021
N.Prakash .. Petitioner
Versus
https://www.mhc.tn.gov.in/judis/
W.P.Nos.13015, 13052, 13074 and 13288 of 2021
1.The State of Tamil Nadu
Rep by its Secretary,
Department of School Education,
Fort St. George, Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 009.
3.The Chief Education Officer,
Coimbatore,
Coimbatore District.
4.The District Educational Officer,
Perur at Kuniamuthur,
Coimbatore District.
5.The Secretary,
CBM Sakunthala Vidyalaya High School,
Kovaipudur – 641 042,
Coimbatore District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Certiorarified Mandamus calling for the records relating to
the impugned proceeding issued by the 3rd respondent Chief
Educational Officer in O.Mu.No.2687/A4/2019 dated 12.02.2020 and
the consequential proceedings of 4th respondent District Educational
Officer in Na.Ka.No.7725/A4/2018 dated 20.05.2020 quash the same
and further direct the 3rd respondent Chief Educational Officer and 4th
respondent District Educational Officer to approve forthwith the
appointment of petitioner as Watchman in the 5th respondent school
namely, C.B.M. Sakunthala Vidyalaya High School, Kovaipudur w.e.f.
the date of appointment viz. 24.08.2018 with all attendant benefits
including the arrears of salary and allowances.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.13015, 13052, 13074 and 13288 of 2021
For Petitioner : Ms.A.Amala
in all Writ Petitions
For Respondents : Mr.C.Kathiravan
in all Writ Petitions Government Advocate
O RD E R
The petitioners in all these writ petitions are non teaching staff,
who were working in aided schools.
2.The petitioner in W.P.No.13015 of 2021 was appointed as Office
Assistant, the petitioner in W.P.No.13288 of 2021 was appointed as
Watchman, the petitioner in W.P.No.13074 of 2021 was appointed as
Scavenger and the petitioner in W.P.No.13052 of 2021 was appointed
as Record Clerk in the respective schools. In all these cases, the
approval for the appointment of the petitioners in the respective
schools, was turned down placing reliance on G.O.(Ms)No.238 School
Education Department, dated 13.11.2018. Challenging the orders
rejecting the approval for appointment of the petitioners, the above writ
petitions are filed by the petitioners.
3.The learned counsel for the petitioners submitted that, in all
four cases, the order of appointment was against the regular sanctioned
https://www.mhc.tn.gov.in/judis/
W.P.Nos.13015, 13052, 13074 and 13288 of 2021
vacancies which arose well before the Government Order vide
G.O.(Ms)No.238 School Education Department, dated 13.11.2018. The
learned counsel for the petitioners also relied upon a few judgements of
this Court where it has been held that G.O.(Ms)No.238 School
Education Department, dated 13.11.2018 has no application to
appointments that were made in respect of posts which were
sanctioned and vacant prior to G.O.(Ms)No.238 School Education
Department, dated 13.11.2018. The learned counsel also stated that
challenging G.O.(Ms)No.238 School Education Department, dated
13.11.2018 itself, several writ petitions have been filed.
4.This Court wanted the learned Government Advocate to verify
whether the respondents have preferred any appeal as against the
judgements in similar cases. The learned Government Advocate fairly
admitted that there is no appeal pending as against any of the
judgements cited before this Court by the learned counsel appearing for
the petitioner. The learned counsel for the petitioner also states that
the judgments of this Court in the writ petitions filed earlier by similarly
placed persons have been complied with by the respondents.
5.In W.P.Nos.11574 & 11586 of 2020, in the case of Alwin Martin
https://www.mhc.tn.gov.in/judis/
W.P.Nos.13015, 13052, 13074 and 13288 of 2021
vs. The Director of School Education and others delivered on
07.10.2020, the learned Single Judge of this Court considered the
scope of G.O.(Ms)No.238 School Education Department, dated
13.11.2018 with regard to the appointment of non teaching staffs in
aided schools. It is held that G.O.(Ms)No.238 will have only
prospective effect. After referring to the previous judgements of this
Court earlier, the learned Single Judge reiterated the position to the
effect that proposals submitted for approval of the appointment cannot
be rejected on the ground that there is a fall in strength and the post
became surplus, where the vacancy arose prior to G.O.(Ms)No.238
School Education Department, dated 13.11.2018.
6.In all these cases, it is admitted that the appointments were
made against the posts which fell vacant prior to G.O.(Ms)No.238
School Education Department, dated 13.11.2018. Hence, the approval
for the appointment of the petitioners cannot be rejected on the basis
of G.O.(Ms)No.238. The position is reiterated in several judgements
and in view of the precedents, all the impugned orders are quashed.
Consequently, the 3rd respondent in each writ petition is directed to
approve the appointment of the petitioners in the respective posts with
effect from the date of appointment in the educational institutions and
https://www.mhc.tn.gov.in/judis/
W.P.Nos.13015, 13052, 13074 and 13288 of 2021
dispose the grant-in-aid towards the petitioners' salary with all
attendant benefits from the date of appointment. The 3rd respondent is
directed to comply with the directions, within a period of twelve weeks
from the date of receipt of a copy of this order.
7.Accordingly, these writ petitions are disposed of with the above
directions. Consequently, connected miscellaneous petitions are closed.
No Costs.
14.07.2021
Index:Yes
Internet:Yes
Speaking order
ssr
To
1.The Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 009.
3.The Chief Education Officer,
Coimbatore, Coimbatore District.
4.The District Educational Officer,
Coimbatore,
Coimbatore District.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.13015, 13052, 13074 and 13288 of 2021
S.S.SUNDAR. J.,
ssr
5.The District Educational Officer,
Perur at Kuniamuthur,
Coimbatore District.
W.P.Nos.13015, 13052, 13074 and 13288 of 2021
W.M.P.Nos.13821, 13822, 13852,13853, 13880,
13883, 14108, and 14109 of 2021
14.07.2021
https://www.mhc.tn.gov.in/judis/
