Madras High Court
N.Arivazhagan vs The State Of Tamil Nadu on 8 September, 2021
1 W.A.No.1350 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2021
Coram
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
W.A.No.1350 of 2021
N.Arivazhagan ... Appellant
Vs.
1. The State of Tamil Nadu
rep.by its Special Secretary to Government
Department of School Education,
Fort St.George,
Chennai 600 009.
2. The Director of School Education
DPI Complex,
College Road,
Chennai 600 006.
3. The Joint Director (Vocational)
Directorate of School Education
DPI Campus,
College Road,
Chennai 600 006.
4. The Chief Educational Officer
Government Boys High School Campus,
Ariyalur,
Ariyalur District.
https://www.mhc.tn.gov.in/judis/
2 W.A.No.1350 of 2021
5. The Headmaster,
Government Higher Secondary School,
Ponparappi,
Senthurai Taluk,
Ariyalur District – 621 710. ... Respondents
Writ appeal is filed under clause 15 of the Letter Patent against the order
of the learned single Judge dated 10.10.2017 made in W.P.No.10937 of
2014.
For Appellant : Mr.K.Selvaraj
For Respondents : Mr.K.V.Sajeev Kumar,
Government Advocate
JUDGMENT
(Judgment of the Court was made by S.VAIDYANATHAN, J.)
Instant writ appeal is directed against the order dated 10.10.2017
made in W.P.No.10937 of 2014.
2. According to the Writ Petitioner, he was initially appointed as
Vocational Instructor through Parents Teachers Association of the
Government Higher Secondary School, Ponparappi, Senthurai Taluk,
Ariyalur District – 621 710 and he joined duty on 01.07.2005 and was
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teaching Accountancy and Auditing to the said Higher Secondary School.
He claims that the Government has absorbed certain Vocational Instructors
on permanent basis in the post of Vocational Instructor as per
G.O.Ms.No.35, School Education (VE) Department, dated 09.02.2007.
Therefore, according to the writ petitioner, he shall be appointed as Higher
Secondary Vocational Instructor on permanent basis by extending the
benefit of that G.O.Ms.No.35 cited above.
3. The same was objected by the respondents. According to the
respondents, regularisation cannot be granted contrary to the service rules in
force. The benefit of regularisation can be granted only if the initial
appointment of an employee was made by following the recruitment rules in
force. In other words, regularisation or absorption in the permanent post
cannot be accorded for the employees who were appointed not following the
service rules. The writ petitioner was appointed as Vocational Instructor by
the Parents Teachers Association and salary was also paid through the fund
maintained by the Parents Teachers Association. Thus, the appointment
cannot be construed as a legal appointment in accordance with the service
rules in force. As such, the appointments made through back door cannot be
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regularised or no such employee can seek the benefit of permanent
absorption.
4. The learned single Judge has held that the appointment of the writ
petitioner was made by the Parents Teachers Association. Thus, this
appointment was not made in accordance with the service rules in force.
Hence dismissed the writ petition filed by the writ petitioner stating that the
appointment of the writ petitioner, which is a back door entry, cannot be
regularised, contrary to the service rules in force. Aggrieved by the same,
the present Writ Appeal has been filed by the writ petitioner/appellant
herein.
5. At the outset, we are not interfering with any of the observations
made in the order, as back door entry is not at all permissible. But, a perusal
of the Government Order in G.O.Ms.No.35, School Education (VE)
Department, dated 09.02.2007 reveals that 201 temporary part time
vocational instructors, even though fully qualified, who were not appointed
through Employment Exchange and appointed through Parent Teachers
Association, were considered for appointment in the 201 vacant vocational
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Grade II Posts on the time scale of pay of Rs.4500-125-6000 on priority
basis by the School Education Director by relaxing G.O.790, as per the
Letter No.101568/W/26/04 dated 13.12.2006 of the Director of School
Education. Therefore, now the grievance of the appellant is that his case
has to be considered on the same line.
6. According to the respondents, if the case of the petitioner is
considered, it will amount to opening of the pandora's box, since others who
are on the same footing as that of the appellant, may also knock at the doors
of this Court, therefore, the learned single Judge has rightly held that the
case of the petitioner cannot be considered. Further, the learned single
Judge has observed that though the Writ Petitioner was appointed by the
Parents Teachers Association, G.O.(Ms)No.35 dated 09.02.2007 has been
issued to accommodate those teachers regularly. But, since the writ
petitioner has not come within the zone of consideration, his candidature
was not considered.
7. However now the learned Government Advocate would submit that
if the writ petitioner comes within the purview of this Government Order in
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G.O.Ms.No.35, School Education (VE) Department, dated 09.02.2007, his
case will be considered and decision will be taken, within a period of two
months from the date of receipt of a copy of the judgment. He also made it
clear that in case, any favourable orders are passed, the appellant will not be
entitled to any arrears of pay.
8. Recording the statement of the learned Government Advocate for
the respondents, the writ appeal is disposed of. No costs.
(S.V.N.J.,) (A.A.N.J.,)
08.09.2021
dpq
Speaking order/Non-speaking order
Index: Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis/
S.VAIDYANATHAN, J.
and
A.A.NAKKIRAN, J.
dpq
To
1. The Special Secretary to Government
Department of School Education,
Fort St.George, Chennai 600 009.
2. The Director of School Education
DPI Complex,
College Road, Chennai 600 006.
3. The Joint Director (Vocational)
Directorate of School Education
DPI Campus, College Road,
Chennai 600 006.
4. The Chief Educational Officer
Government Boys High School Campus,
Ariyalur, Ariyalur District.
5. The Headmaster,
Government Higher Secondary School,
Ponparappi,
Senthurai Taluk,
Ariyalur District – 621 710.
W.A.No.1350 of 2021
08.09.2021
https://www.mhc.tn.gov.in/judis/
