Madras High Court
V.Elizabeth Rani vs The Government Of Tamil Nadu on 2 January, 2024
W.P.No.21569 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.21569 of 2021 and
W.M.P.No.22766 of 2021
V.Elizabeth Rani ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep by Secretary to the Government,
School Education Department,
Fort St.George, Chennai 600 009.
2.The Director of Elementary Education,
College Road,
Chennai 600 006.
3.The District Educational Officer,
Tirunelveli District, Tirunelveli.
4.The District Educational Officer,
Karur District, Karur.
5.The District Educational Officer,
Tenkasi, Tenkasi District.
6.The District Educational Officer,
Kulithalai, Karur District.
7.The Block Educational Officer,
Tenkasi, Tenkasi District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to
approve the appointment of the petitioner as Secondary Grade Teacher
from 11.03.2002 at A.G.Aided Primary School, Piranur, Tenkasi Taluk
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W.P.No.21569 of 2021
and at Three Channel, Sengottai (T.K) of then Tirunelveli District,
presently Thenkasi District and count the service from 11.03.2002 to
14.07.2009 and add the same to the service of petitioner as secondary
Grade Teacher from 15.07.2009 at Krishnarayapuram Panchayat Union,
Karur District, for the purpose of pay and pension under Tamil Nadu Old
Pension Scheme, 1978 and grant arrears of pay.
For Petitioner : Mr.R.Saseetharan
For Respondents: Mr.Yogesh Kannadasan, SGP
ORDER
This Writ Petition has been filed seeking issuance of a Writ of
Mandamus to direct the respondents 1 and 2 to approve the appointment
of the petitioner as Secondary Grade Teacher from 11.03.2002 at
A.G.Aided Primary School, Piranur, Tenkasi Taluk and at Three Channel,
Sengottai (T.K) of then Tirunelveli District, presently Thenkasi District
and count the service from 11.03.2002 to 14.07.2009 and add the same to
the service of petitioner as secondary Grade Teacher from 15.07.2009 at
Krishnarayapuram Panchayat Union, Karur District, for the purpose of
pay and pension under Tamil Nadu Old Pension Scheme, 1978 and grant
arrears of pay.
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2. Heard Mr.R.Saseetharan, learned counsel for the petitioner and
Mr.Yogesh Kannadasan, learned Special Government Pleader for the
respondents.
3. The petitioner got appointed as Secondary Grade Teacher on
11.03.2002 on consolidated pay at A.G.Aided Primary School in the
place of J.Hepsibai Violet who had gone on Voluntary Retirement. The
said post is a sanctioned post. However the order of approval was given
by the third respondent on 19.01.2007 with effect only from 01.09.2005.
Later the petitioner was given with a regular time scale of pay as per
G.O.Ms.No.99 dated 27.06.2006. Subsequently, the petitioner has joined
in the Government School and she is about to retire shortly. The
petitioner has filed this Writ Petition seeking to count her services from
the date of her initial appointment i.e., from 11.03.2002.
4. The learned counsel for the petitioner submitted that the post for
which the petitioner was appointed was very much a sanctioned post and
hence, the Government ought to have approved her appointment from the
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date of her initial appointment i.e., 11.03.2002 and not from 01.09.2005
as stated in the order of the third respondent dated 19.01.2007.
5. The learned Special Government Pleader for the respondents
submitted that the petitioner's service has been regularised only from
01.06.2006 and hence the petitioner cannot ask for computation of her
service from 11.03.2002 for the purpose of pension or any other benefits.
He further submitted that the Government has initially rejected the
appointment of the petitioner on the ground that it was illegal. The
petitioner has been appointed when several surplus teachers were
working in other schools under the Management of A.G.Primary School
and hence, the request for approval was rejected on 01.05.2002 itself.
The petitioner has stated that she has got the relieving order from the
School on 14.07.2009 which is contrary to her appointment order on
16.07.2009 and she joined on 15.07.2009 could not also be true. In fact
her appointment itself is on 16.07.2009. After a lapse of 18 years from
11.03.2002 she has come out with this Writ Petition without any merit.
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6. So in a nutshell, the learned Special Government Pleader for the
respondents submitted that when surplus teachers were working under
the Management of the School which administers the cluster of schools,
the Correspondent of the School has got an obligation to transfer surplus
teachers to the other school as and when the vacancy arises. This
obligation is confirmed by this Court in W.A (MD) No.76 of 2019 dated
31.03.2021.
7. So far as the judgment dated 31.03.2021 in W.A (MD).No.76 of
2019 is concerned, it is about G.O.Ms.No.165 dated 17.09.2019. But in
the case in hand, the petitioner claims the validity for her appointment
dated 11.03.2002. So it is too much to read into G.O.Ms.No.165 which
was passed in the year 2019. Admittedly the petitioner did not choose to
challenge the order of approval which was given on 19.01.2007 by
specifically making the date of approval as 01.09.2005. The petitioner
had accepted the above order and had chosen to receive consolidated pay
from 01.09.2005 onwards. Thereafter she has been sanctioned with the
regular time scale from 01.06.2006.
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8. The learned counsel for the petitioner submitted that the order of
approval was not served on the petitioner and hence, the petitioner has
got no obligation to challenge the above order of approval. Her
appointing authority had also failed to challenge the said order dated
19.01.2007. So the petitioner had acquiesced herself to the order dated
19.01.2007 and continued the work by subjecting herself under the
consolidated pay and thereafter in regular time scale of pay from
01.06.2006. When the petitioner's post has not been sanctioned from the
date of her appointment i.e., 11.03.2002, the petitioner cannot expect that
her services be counted from 11.03.2002 for the purpose of pensionary
benefits. However, it is upto the first respondents to consider the
representation of the petitioner dated 26.08.2020 in the light of any other
Government Orders or the judicial pronouncements governing the
situation and pass appropriate orders within a period of six weeks.
9. In the result, this Writ Petition is disposed and the respondents
are directed to consider the representation of the petitioner dated
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26.08.2020 in the light of any other Government Orders or the judicial
pronouncements governing the situation and pass appropriate orders
within a period of six weeks from the date of receipt of a copy of this
order. No costs. Consequently, connected miscellaneous petition is
closed.
02.01.2024
Index : Yes
Internet : Yes/No
gsk
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
gsk
To
1.The Secretary to the Government,
School Education Department,
Fort St.George, Chennai 600 009.
2.The Director of Elementary Education,
College Road,
Chennai 600 006.
3.The District Educational Officer,
Tirunelveli District, Tirunelveli.
W.P.No.21569 of 2021 and
4.The District Educational Officer,
Karur District, Karur.
5.The District Educational Officer,
Tenkasi, Tenkasi District.
6.The District Educational Officer,
Kulithalai, Karur District.
7.The Block Educational Officer,
Tenkasi, Tenkasi District.
02.01.2024
https://www.mhc.tn.gov.in/judis
