Madras High Court
K.Govindaraju vs The Government Of Tamilnadu on 9 February, 2022
1 W.A.No.3089 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2022
Coram
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.A.No.3089 of 2021
and CMP.Nos.21472 & 21417 of 2021
K.Govindaraju ... Appellant
Vs
1. The Government of Tamilnadu,
Represented by its
Secretary to the Government,
Department Environment, climate change and Forest Department,
Secretariat,
Chennai – 600 009.
2. The Principal Chief Conservator,
Office of Principal Chief conservator,
Panagal Building,
Saidapet,
Chennai 600 015.
3. The Chief Conservator of forests and field Director,
Office of Chief Conservator of forests and field Director,
Annamalai Tiger Reserve,
Pollachi,
Coimbatore District.
https://www.mhc.tn.gov.in/judis
2 W.A.No.3089 of 2021
4. The District Forest Officer and Deputy Director,
Anamalai Tiger Reserve,
Pollachi
Coimbatore District.
5. The Head Master
Government Tribal Residential School,
Topslip of Ulandy Range,
Pollachi TK,
Coimbatore District. ... Respondents
R-5 impleaded vide order dated 09.02.2022 in CMP.No.1423 of 2022
Prayer: Writ appeal is filed under clause 15 of the Letter Patent praying to
set aside the order of the learned judge passed in W.P.No. 20261/2021 dated
02.11.2021 and to direct the 1st respondent to permit the petitioner to
continue as B.T.Assistant in 4th Respondent.
For Appellants : Mr.P. Saravanan
For Respondents : Mr.E.Vijayanand,
Addl. Govt. Pleader (Forest) for R1 to R4
https://www.mhc.tn.gov.in/judis
3 W.A.No.3089 of 2021
JUDGMENT
(Judgement of the Court was made by S.VAIDYANATHAN, J.)
The Writ petitioner, who is the appellant herein has come forward
with the present appeal to interfere with the order dated 02.11.2021 in
W.P.No.20261 of 2021.
2. The learned counsel for the appellant has submitted that he has
been reverted from the post of B.T.Assistant to Junior Assistant by an order
dated 17.08.2021 on the ground that he had not cleared Teachers Eligibility
Test. He further submitted that the appellant was appointed as a
B.T.Assistant on 28.04.2014 and though a pass in TET examination is a
must for appointment to the post of B.T.Assistant, time has been granted to
him to clear the test by prescribing some time limit. The learned single
Judge, while considering the said aspect held that the appellant cannot be
allowed to continue as a B.T.Assistant, ignoring the fact that his services
will be regularised on and from the date of clearing the test.
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3. Heard both side.
4. We find that there is no error in the order passed by the learned
Single Judge, as clearance of TET examination is a must for holding the
post of B.T.Assistant. At the time of pronouncing the order, the learned
counsel for the appellant submitted that the appellant may be allowed to
continue in the post of B.T.Assistant till he clears TET examination. The
question whether he can be continued in the same post or reverted to the
post of Junior Assistant can be gone into only by the concerned department
and this Court cannot usurp the administrative powers and render any
finding to that effect. If the petitioner has got requisite qualification,
sufficient teaching experience etc., it is for the respondents to decide to
grant some more time to the appellant to clear the TET test and he may be
allowed to work as B.T.Assistant. In case time is granted, the appellant must
be permitted to take up the examination in the next attempt by relaxing his
age and in the event of the appellant coming out successful in the ensuing
examination, he may be continued in the BT.Assistant with effect from the
date of acquiring the said qualification. For the sake of repetition, it is
reiterated that the observation made herein above cannot be taken to be a
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direction to the respondents to act in a particular manner.
5. With the above observation and direction, the writ appeal is
disposed of. No costs. Consequently connected miscellaneous petition is
also closed.
(S.V.N.J.,) (M.S.Q.J.,)
09.02.2022
dpq
Speaking order/Non-speaking order
Index: Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis
To
1.The Government of Tamilnadu,
Represented by its
Secretary to the Government,
Department Environment, climate change and Forest Department,
Secretariat,
Chennai – 600 009.
2.The Principal Chief Conservator,
Office of Principal Chief conservator,
Panagal Building,
Saidapet,
Chennai 600 015.
3.The Chief Conservator of forests and field Director,
Office of Chief Conservator of forests and field Director,
Annamalai Tiger Reserve,
Pollachi,
Coimbatore District.
4.The District Forest Officer and Deputy Director,
Anamalai Tiger Reserve,
Pollachi
Coimbatore District.
https://www.mhc.tn.gov.in/judis
S.VAIDYANATHAN, J.
and
MOHAMMED SHAFFIQ, J.
dpq
W.A.No.3089 of 2021
&
CMP.Nos.21472 & 21417 of 2021
09.02.2022
https://www.mhc.tn.gov.in/judis
