Madras High Court
The District Elementary ... vs D.Ishwarya on 1 November, 2021
W.A.No.2729 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
Writ Appeal No.2729 of 2021
1. The District Elementary Educational Officer,
Virudhachalam.
2. The Block Development Officer,
Virudhachalam. ... Appellants
vs.
1. D.Ishwarya
2. The Manager,
Paneerselvam Aided Elementary School,
No.22/43, South Street,
Virudhachalam – 606 001.
Cuddalore District. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 14.06.2019 passed in W.P.No.8588 of 2019.
For Appellants : Mr.K.V.Sajeev Kumar,
Government Advocate
For 1st Respondent : Mr.T.Sellapandian
Page No.1 of 5
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W.A.No.2729 of 2021
JUDGMENT
(Judgment of the Court delivered by R.VIJAYAKUMAR,J.)
Challenging the order dated 14.06.2019 passed by the learned Single
Judge in W.P.No.8588 of 2019, Respondents 1 and 2 in the Writ Petition
have come up with the present Appeal.
2. The Writ Petitioner was appointed as a Secondary Grade Teacher
after getting prior permission from the educational Authorities in a
sanctioned post in the 3rd Respondent/Aided School. After appointment, the
School sent a representation for approval of appointment and for release of
grant, on 14.06.2017. Under the impugned order, the 1st Respondent in the
Writ Petition has rejected the approval on the ground that, the strength of the
School has come down and the Writ Petitioner has been appointed to a
surplus post.
3. It is an admitted fact that, originally, the School had a sanctioned
strength of one Headmaster and four Secondary Grade Teachers. Later, with
effect from 2010 onwards, it was reduced to one Headmaster and three
Secondary Grade Teachers, depending upon the strength of the students.
4. In the present case, it is an admitted fact that, the Writ Petitioner
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W.A.No.2729 of 2021
has been appointed only as a third Secondary Grade Teacher. Even as per the
revised sanctioned strength, the Writ Petitioner cannot be treated as a surplus
Teacher. Even assuming that, the student strength came down after
appointment of the Writ Petitioner, it is incumbent upon the Authority to
grant approval, then declare surplus and thereafter, deploy her to a different
School and the order of rejecting the approval of her appointment is not
sustainable in law.
5. The learned Single Judge has considered this issue and allowed
the Writ Petition with a direction to the 1st Respondent therein to approve the
appointment of the Writ Petitioner as Secondary Grade Teacher with effect
from the date on which, she was originally appointed. Since the School
Management obtained prior permission from the Authorities for making
appointment of the Writ Petitioner and admittedly, the Writ Petitioner has
been appointed only within the sanctioned strength, the impugned order
rejecting the approval is not sustainable in law and the learned Single Judge
has rightly allowed the Writ Petition. We do not find any ground to interfere
with the order passed by the learned Single Judge.
Accordingly, the Writ Appeal fails and stands dismissed. No costs.
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W.A.No.2729 of 2021
Consequently, connected C.M.P.No.17824 of 2021 is closed.
[S.V.N.,J.] [R.V.,J.]
01.11.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
S.VAIDYANATHAN,J.
AND
https://www.mhc.tn.gov.in/judis
W.A.No.2729 of 2021
R.VIJAYAKUMAR,J.
(aeb)
Judgment in
W.A.No.2729 of 2021
01.11.2021
https://www.mhc.tn.gov.in/judis
