Madras High Court
T.Lizzie vs The State Of Tamil Nadu on 2 January, 2025
W.A.(MD) No.2622 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
and
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
W.A.(MD) No.2622 of 2024
T.Lizzie ... Appellant
-vs-
1.The State of Tamil Nadu
rep.by its Secretary to Government
School Education Department
Secretariat, Chennai-9
2.The Director of School Education
College Road, Chennai
3.The Chief Educational Officer
Nagercoil
Kanyakumari District
4.The District Educational Officer
Thuckalay
Kanyakumari District
5.The Correspondent
LMS Higher Secondary School
Kadamalaikuntu
Mekkamandapam Post
Kanyakumari District ... Respondents
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W.A.(MD) No.2622 of 2024
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 14.12.2022, passed in W.P.(MD) No.4316 of 2020, on the file of
this Court.
For Appellant : Mr.B.Arun Prasath
For Respondents : Mr.J.Ashok
Additional Government Pleader for R1 to R4
Mr.Jeen Felix
for Mr.S.C.Herold Singh for R5
JUDGMENT
[Judgment of the Court was made by RMT.TEEKAA RAMAN, J.]
Heard the learned counsel for the appellant.
2. The unsuccessful writ petitioner is the appellant herein.
3. The appellant filed the writ petition seeking for a direction to
the fourth respondent to approve her appointment as Office Assistant with
effect from 15.02.2006 i.e., from the date of appointment and to regularize her
service from 15.02.2006 to 31.05.2009, by considering the proposals of the
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fifth respondent, dated 30.04.2019, 30.07.2019 and the reminder proposal
dated 07.02.2020 and to disburse all the monetary and service benefits
consequent to the same.
4. The learned Single Judge, after hearing both sides and also
taking into consideration various Government Orders, as extracted in
Paragraph No.4 of the order, has rendered a factual finding that the service
matrix of the appellant is not in dispute and her grievance is that she was
appointed as Office Assistant on 15.02.2006 by the fifth respondent, however,
her service was regularized only on 01.06.2009 vide order dated 03.03.2010
and not from the date of her initial appointment i.e., from 15.02.2006.
5. The learned Single Judge also observed that in the present
case, without getting prior approval from the Education Department, the non-
teaching post was filled up by the fifth respondent School. Thereafter, the fifth
respondent School forwarded a proposal for approval of appointment to the
fourth respondent. The approval was granted only on 03.03.2010 with effect
from 01.06.2009. Though the said appointment was approved only in the year
2009, after lapse of 10 years, the fifth respondent School, at the instigation of
the appellant, sent a proposal for approval of her appointment from the date of
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her initial appointment. However, no reason was assigned in the proposal for
not taking steps for more than a decade and belatedly sent the proposal after
lapse of 10 years, which is not sustainable one. Accordingly, dismissed the
writ petition.
6. After going through the order of the learned Single Judge, we
find that in the present case, without getting prior approval from the
Education Department, the non-teaching post was filled up by the fifth
respondent School. Further, it is also noticed that the teaching staff and non-
teaching staff are governed by separate Rules. Hence, we do not find no
ground to interfere with the order passed by the learned Single Judge.
7. Accordingly, this writ appeal is dismissed. No costs.
[T.K.R., J.] [N.S., J.]
02.01.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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https://www.mhc.tn.gov.in/judis
To:
1.The Secretary to Government,
School Education Department,
State of Tamil Nadu,
Secretariat, Chennai-9.
2.The Director of School Education,
College Road, Chennai.
3.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
4.The District Educational Officer,
Thuckalay,
Kanyakumari District.
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RMT.TEEKAA RAMAN, J.
AND
N.SENTHILKUMAR, J.
krk
02.01.2025
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