Madras High Court
The State Of Tamil Nadu vs R.Kasthuri on 25 October, 2021
Writ Appeal No.621 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
Writ Appeal No.621 of 2021
1. The State of Tamil Nadu
rep. by Secretary to Government,
School Education Department,
Chennai - 9.
2. The Director of School Education,
Chennai - 600 006.
3. The Joint Director of School Education (Secondary),
Chennai - 600 006.
4. The Chief Education Officer,
Chennai - 600 015.
5. The District Educational Officer,
South Chennai,
Chennai - 600 008. ... Appellants
Vs.
1. R.Kasthuri
2. The Secretary,
Guntur Subbiah Pillai
T.Nagar Girls Higher Secondary School,
30, Venkatnarayana Road,
T.Nagar, Chennai - 600 017. ... Respondents
Page No.1 of 5
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Writ Appeal No.621 of 2021
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 21.11.2017 passed by this Court in W.P.No.21004 of 2007.
For Appellants : Mr.K.V.Sajeev Kumar,
Government Advocate
For 1st Respondent : Mr.P.Ganesh
For 2nd Respondent : No appearance
JUDGMENT
(Judgment of the Court delivered by R.VIJAYAKUMAR,J.)
This Writ Appeal is directed against the order dated 21.11.2017 passed
by this Court in W.P.No.21004 of 2007.
2. The first Respondent herein was appointed as Post Graduate
Assistant (Economics) in the second Respondent/School on 07.08.1996. The
second Respondent/school sought approval for the said appointment from the
second Appellant on 20.02.1998. The said request of the School was rejected
by the second Appellant, by order dated 27.07.1998. However, the approval
for the said appointment was independently made on 02.07.1997 itself. The
order of rejection for approval from the date of appointment was challenged
by way of a Writ Petition in W.P.No.21004 of 2007.
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Writ Appeal No.621 of 2021
3. The learned Single Judge allowed the Writ Petition, directing the
Appellants to approve the appointment of the first Respondent herein, from
the date of her initial appointment, i.e. with effect from 07.08.1996. The said
order is under challenge in the Writ Appeal.
4. We have heard the learned Government Advocate appearing for
the Appellants and the learned counsel appearing for the first Respondent.
5. The learned Government Advocate had brought to our notice the
First Bench judgment of this Court rendered on 22.01.2020 in W.A.No.3961
of 2019. The Honourable First Bench has categorically found that, the
School shall obtain prior permission from the Educational Authorities before
making any appointment, after interpreting Rule 15 of Tamil Nadu
Recognized Private Schools (Regulation) Rules, 1974. The Honourable
First Bench has also pointed out in paragraph 22 of the judgment that, in case
the Teacher is appointed without getting prior approval, the Teacher will not
be entitled to any benefits from the date of her appointment, but only from
the date on which, appointment was approved by the Authorities.
6. In the present case, the second Appellant has granted approval to
the appointment of the first Respondent herein on 02.07.1997. Hence, for
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Writ Appeal No.621 of 2021
any question relating to seniority or monetary benefits, the rights will flow
only from 02.07.1997 and not from the date of initial appointment viz.
07.08.1996.
7. In view of the said discussion, the order dated 21.11.2017 passed
by the learned Single Judge in W.P.No.21004 of 2007 is interfered to the
extent that, the benefits will flow only from the date of approval viz.
02.07.1997, and not from 07.08.1996.
8. With the said modification, the Writ Appeal is partly
allowed. No costs. Consequently, connected C.M.P.No.2741 of 2021 is
closed.
[S.V.N.,J.] [R.V.,J.]
25.10.2021
Index : Yes/No
Speaking Order : Yes/No
(vm/shk)
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Writ Appeal No.621 of 2021
S.VAIDYANATHAN,J.
AND
R.VIJAYAKUMAR,J.
(vm)
Judgment in
W.A.No.621 of 2021
25.10.2021
https://www.mhc.tn.gov.in/judis
