Madras High Court
S.Beaula Jasmine Jeyarani vs The Joint Director Of Secondary ... on 9 September, 2022
W.P(MD)No.15506 of 20216.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.09.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.15506 of 2021
and
W.M.P.(MD)No.12435 of 2021
S.Beaula Jasmine Jeyarani,
B.T.Assistant (Maths),
St.John's Higher Secondary School,
Palayamkottai,
Tirunelveli District. ... Petitioner
Vs.
1.The Joint Director of Secondary Grade Education,
College Road, Chennai – 6.
2.The Chief Educational Officer,
Tirunelveli,
Tirunelveli District.
3.The District Educational Officer,
Tirunelveli,
Tirunelveli District.
4.The Correspondent,
St.John's Higher Secondary School,
Palayamkottai,
Tirunelveli District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
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W.P(MD)No.15506 of 20216.
records relating to impugned order in O.Mu.No.48826/D2/E3/2019 dated
01.10.2020 of the 1st respondent herein and quash the same and consequently
direct the respondents 1 to 3 herein to approve the appointment of the petitioner
as B.T. Assistant (Maths) in the 4th respondent school w.e.f. 07.07.2014 with
all consequential attended monetary benefits and privileges, based the order
passed in WA(MD) No.1350 of 2017 dated 14.11.2017.
For Petitioner : Mr.T.Pon Ramkumar
For Respondents : Mr.S.Shani Bino,
Spl. Government Pleader for R1 to R3.
No appearance for R4.
ORDER
Heard the learned counsel on either side.
2.A post of secondary grade teacher fell vacant following the retirement
of the incumbent in the fourth respondent school. The fourth respondent school
is a minority institution. The writ petitioner was appointed as B.T.Assistant on
07.07.2014. By virtue of G.O.(Ms) No.79, School Education Department,
dated 14.06.2002, once the post of secondary grade teacher falls vacant, it has
to be converted into the post of B.T.Assistant. The school management
submitted a proposal to the first respondent seeking permission for such
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W.P(MD)No.15506 of 20216.
conversion. Permission was granted on 24.10.2017. In the meanwhile,
approval for the appointment of the writ petitioner was also submitted. The
third respondent granted approval of the writ petitioner's appointment with
effect from the date of grant of permission for such conversion ie., 24.10.2017.
Contending that approval should have been granted with effect from the date of
original appointment, the present writ petition has been filed.
3.The learned Special Government Pleader for the respondents 1 to 3
submitted that the impugned order does not call for interference.
4.I am not able to accept the aforesaid contention of the learned Special
Government Pleader. In fact, the issue on hand is no longer res integra. It is
squarely covered by the judgment dated 14.08.2020 made in W.A.(MD)No.201
of 2020. Paragraph Nos.10 and 16 of the judgment are relevant and they read
as follows:-
10. A Division Bench of this Court, in the judgment dated 14.11.2017
passed in W.A(MD)No.1350 of 2017 [The Government of Tamil Nadu, rep., by
the Secretary to Government, Department of School Education, Fort St. George,
Madras – 600 009 and others v. J.Remila and another reported in 2018 (1) WLR
410], has considered the scope of G.O.Ms.No.79, School Education
Department, dated 14.06.2002 (referred to above) and also the stand of the
second respondent as to the non-necessity for obtaining prior permission from
the concerned authority for conversion of the post of Secondary Grade Teacher
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W.P(MD)No.15506 of 20216.
to B.T., Assistant and that the second respondent is a recognised minority
institution and found that the only issue that arose for consideration is, whether
without obtaining prior permission for conversion of post from the
appellants/official respondents, the appointment of the first respondent made by
the second respondent as B.T., Assistant (Social Science) is in order?
16. ....................
(i) The Director of School Education, College Road, Chennai – 6 and
others v. S.Vanitha and others [W.A.(MD)Nos.828 of 2014 and 129 to 132 of
2015, decided on 22.04.2016], wherein at paragraph 11, it is observed as
follows:
“11. In view of the above consistent decisions of this Court on
the issue, we are of the view that the issue is no more res integra. As
rightly contended by the learned counsel for the 1st
respondents/teachers, approval has to be granted only from the date of
appointment and not from a later date, namely, from the date on which
permission for post conversion was granted.”
5.The case on hand is identical. Respectfully following the aforesaid
judgment, the impugned order is quashed and the respondents 1 to 3 are
directed to approve the appointment of the writ petitioner as B.T Assistant
(Maths) in the fourth respondent school with effect from 07.07.2014 with all
consequential and attendant monetary benefits. The benefits shall be disbursed
within a period of twelve weeks from the date of receipt of a copy of this order.
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W.P(MD)No.15506 of 20216.
6.The writ petition is allowed accordingly. No costs. Consequently,
connected miscellaneous petition is closed.
09.09.2022
Index : Yes / No
Internet : Yes/ No
ias
To:-
1.The Joint Director of Secondary Grade Education,
College Road, Chennai – 6.
2.The Chief Educational Officer,
Tirunelveli,
Tirunelveli District.
3.The District Educational Officer,
Tirunelveli,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.15506 of 20216.
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.15506 of 2021
09.09.2022
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