← Library
Madras High CourtWP/10834/2013disposed of

L.Little Flower v. The Union Territory Of

2025-10-30Honourable Mr.Justice K. Surender7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K. SURENDER and MP.Nos.2 & 3 of 2013 L.Little Flower Petitioner(s) Vs

1. The Union Territory Of Puducherry, Rep. By Secretary, Education Department, Govt., Of Puducherry, Chief Secretariat, Puducherry 2.The Director Of School Education, O/o The Directorate of School Education, Perunthalaivar Kamaraj Centenary, Education Complex, 100 Feet Road, Anna Nagar, Nellithope, Puducherry.05 3.The Senior Accounts Officer Perunthalaivar Kamaraj Centenary, Education Complex, 100 Feet Road, Anna Nagar, Nellithope, Puducherry-05

4.The Headmistress Servite Govt. Aided High School, Kottucherry, Karaikal 609 609.

Respondent(s) PRAYER This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari Mandamus to call for all the relevant records relating to the Impugned Rejection order issued in Memorandum NO.8845/DSE/ GIAS/ U.3/2012-13 dated 29.5.2012 passed by the 3rd respondent herein and quash the same as arbitrary, unreasonable, improper, illegal, against their own rules and regulations, Govt. orders and circulars and violating the fundamental rights guaranteed the constitution of India and thereby directing the respondents to approve the appointment of the petitioner in the cadre of School Librarian under the 4th respondent school by regularising the services from the date of functioning as Teacher-cum-Librarian dated 09.06.2008 with all consequential monetary and other service benefits by granting the release of Grants-in-Aid to the petitioner as per the time frame.

For Petitioner(s):

M/s.S.Srinivasan For Respondent(s):

R.Syed Mustafa Special Government Pleader for R1 To R3 Mr.A.Arul Mary for Dr.Fr.A.Xavier Arulraj - R4

ORDER

This Writ Petition is filed to quash the impugned rejection order issued in Memorandum NO.8845/DSE/ GIAS/ U.3/2012-13 dated 29.5.2012 passed by the 3rd respondent and for consequential direction to the respondents to approve the appointment of the petitioner in the cadre of School Librarian under the 4th

respondent school by regularising the services from the date of functioning as Teacher-cum-Librarian dated 09.06.2008 with all consequential monetary and other service benefits by granting the release

2. The case of the petitioner is that she joined the fourth respondent school on June 7, 2006, as Teacher cum Librarian on a consolidated pay basis. The fourth respondent school has a library for which the petitioner worked as a Librarian and also discharged her duties as a Teacher.

3. In view of G.O.Ms.No.42 dated February 25, 2000, the Management of the fourth respondent school addressed a letter to the second respondent, the Director of School Education, seeking approval for the petitioner's appointment as Librarian.

4. Thereafter, the Government of Puducherry issued the impugned Memorandum No.8845/DSE/GIAS/U.3/2012-13 dated May 29, 2012, informing that the request of the fourth respondent school for releasing grants-

in-aid for the post of Librarian cannot be considered, since there was no such post as "Librarian" that exists in the school.

5. This Court has heard the learned counsel for the respondents 1 to 3 and the learned counsel for the 4 th respondent.

6. The learned counsel appearing for the respondents submits that once a proposal is made by the school for providing grants-in-aid to the post of Librarian, the same would be considered by the second respondent.

7. The learned counsel further submits that though a letter was addressed on May 11,2012, pursuant to which the impugned memorandum was passed, however, in the event of the fourth respondent school making a representation, the same would be considered in accordance with the existing rules.

8. In the light of the above submissions, this Court directs that in the event of the fourth respondent school addressing a communication to the

respondents 1 to 3 regarding grants-in-aid for the petitioner as Librarian, the same shall be considered and disposed of within a period of four weeks from the date of receipt of copy of receipt of representation.

9. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. K.SURENDER, J.

30-10-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Union Territory Of Puducherry, Rep. By Secretary, Education Department, Govt., Of Puducherry, Chief Secretariat, Puducherry 2.The Director Of School Education, O/o, The Directorate of School Education, Perunthalaivar Kamaraj Centenary, Education Complex, 100 Feet Road,

Anna Nagar, Nellithope,Puducherry-05 3.The Senior Accounts Officer O/o, The Directorate of School Education, Perunthalaivar Kamaraj Centenary, Education Complex, 100 Feet Road, Anna Nagar, Nellithope, Puducherry-05 4.The Headmistress Servite Govt. Aided High School, Kottucherry, Karaikal 609 609

K.SURENDER, J.

jai 30-10-2025