Madras High Court
The State Of Tamil Nadu vs V.Nazarayan on 7 August, 2023
Writ Appeal No.1665 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.08.2023
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU
Writ Appeal Nos.1665 of 2019
1.The State of Tamil Nadu
Rep., by its Sect., to Govt.,
School Education Department,
Secretariat, Chennai -9
2.The Director of School Education,
Chennai – 9
3.The Chief Educational Officer,
Villupuram, Villupuram District.
4.The Inspector of Anglo Indian Schools,
DPI Compound, Chennai – 6. ... Appellants
Vs
1.V.Nazarayan
2.The Correspondent,
Sacred Heart Convent Anglo Indian
Higher Secondary School,
Villupuram,
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Writ Appeal No.1665 of 2019
Villupuram District. ... Respondents
PRAYER Writ Appeal filed under Clause 15 of Letter Patent against the
order dated 14.02.2019 made in W.P.No.4273 of 2019 and to allow the writ
petition.
For Appellants : Mr.K.V.Sajeev Kumar Spl.G.P.,
For Respondent : Mr.P.Godson Swaminath Sr. counsel for
M/s.Isaac Chambers for R2
Mr.V.Sivalingam for
M/s.C.S.Associates for R1
JUDGMENT
(Order of the Court was made by Mr.K.KUMARESH BABU.,J.)
This Intra Court Appeal had been filed challenging the order passed
by the learned Single Judge wherein directions were issued to the appel-
lants herein to upgrade the part-time post of Computer Instructor in the
second respondent school as a regular time scale post so as to enable the
second respondent management to regularize the services of the first
respondent in the time scale of pay.
2. The brief facts of the case are that the first respondent herein was
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Writ Appeal No.1665 of 2019
originally appointed as a part-time teacher in the second respondent school
as Computer Assistant and the said part-time post was originally
sanctioned in the year 1997 and continued. While that being so, the
Government had issued orders in G.O.Ms.No.35, School Education (V),
Department, dated 09.02.2007. The said Government Order was issued to
absorb the part-time vocational teachers working in the Government and
aided higher secondary school on the time scale of pay. The second
respondent herein by its proposal dated 16.04.2007 had requested the fourth
appellant herein for approval of appointment of the first respondent which
has also been acknowledged by the fourth appellant on the same day. Since
no order had been passed, the petitioner had moved this Court seeking for a
mandamus to direct the appellants/respondents to upgrade the part-time post
as regular time scale of pay and thereafter, direction to the management to
regularize the services of the first respondent/petitioner.
3. The learned Single Judge after dealing with the relevant facts and
also hearing the arguments of the respective counsel had held that the first
respondent herein would be entitled to the benefit of the Government order
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Writ Appeal No.1665 of 2019
in G.O.Ms.No.35, dated 09.02.2007 and had issued the following
directions :-
31.In the result:
(a) both the writ petitions are allowed;
(b) the respondents 1 to 4 are hereby directed to upgrade
the Part Time post (Computer Instructor) in the 5th
respondent School as regular time scale post so as to
enable the 5th respondent Management to regularize the
services of the petitioner in W.P.No.7986 of 2009 in time
scale;
(c) the respondents 1 to 4 are hereby directed to upgrade
the Part Time post (Commerce Assistant) in the 5th
respondent School as regular time scale post so as P.G.
Assistant (Commerce) as to enable the 5th respondent
Management to regularize the services of the petitioner in
W.P.No.8015 of 2009 in time scale;
(d) the respondents 1 to 4 are directed to confer all the
consequential benefits to both the petitioners;
(e) the said exercise shall be done within a period of eight
weeks from the date of receipt of a copy of this order.
No costs. Consequently, connected miscellaneous petitions
are closed.
4.Being aggrieved, the appellants are before this Court contending
that the management of the school was given a contingent fund but
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Writ Appeal No.1665 of 2019
however, would contend that the post of Computer Assistant which was
sanctioned in the year 1989 would lapse on the date when the teacher
appointed on the basis of such approval either retired or died. However
this contention of the appellants will have to be not accepted for the simple
reason that subsequent staff fixation strength for the academic year 1996-97,
1997-98 to 2002-03 which were placed before us wherein the part-time post
for the subject Computer Science had been sanctioned.
5.When that being the factual position, the appellants cannot be heard
to say that there is no sanctioned post after 1997 when the first re-
spondent had been appointed. It is also not the case of the appellants that
they had not received any proposal to approve the post of first respondent
herein.
6.G.O.Ms.No.35 had been issued by the Government taking into con-
sideration that various posts of vocational teachers have been held by part-
time teachers who have to be regularized in the time scale of pay
considering the fact such vocational posts had been integral part of the
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education system. There is no reason assigned by the appellants as to why
the first respondent was not included in the list for vocational teachers to be
absorbed into regular time scale of pay. That apart, they have also not given
any valid reason as to why the benefit of G.O.Ms.No.35 should not be
extended to the appellants.
7.The learned Single Judge had only after analysing the various
aspects had issued the impugned directions. We have also perused the
materials available on record and we find no infirmity in the direction
issued by the learned Single Judge. Accordingly, the Writ Appeal fails and
it is dismissed. However there shall be no order as to costs.
(R.S.K.,J.) (K.B., J.)
07.08.2023
Index: Yes
Speaking Order
Neutral Citation:Yes
pbn
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Writ Appeal No.1665 of 2019
To
The Correspondent,
Sacred Heart Convent Anglo Indian
Higher Secondary School,
Villupuram,
Villupuram District.
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Writ Appeal No.1665 of 2019
R.SURESH KUMAR., J.
and
K.KUMARESH BABU.,J.
Pbn
Writ Appeal Nos.1665 of 2019
07.08.2023
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