Madras High CourtWP/31533/2017allowed

S. Ashok Kumar v. The Director Of School

2017-12-06Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.31533 of 2017 S.Ashok Kumar ..

Petitioner -vs1. The Director of School Education College Road Chennai 600 006

2. The Chief Educational Officer Coimbatore, Coimbatore District

3. The District Educational Officer Coimbatore, Coimbatore District

4. The Secretary The Kadri Mills Higher Secondary School Oddarpalayam, Ondipudur Coimbatore 641 016 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding issued by the third respondent District Educational Officer, Coimbatore in O.Mu.No.4741/A2/2017 dated 22.08.2017, quash the same and further direct the third respondent District Educational Officer to approve forthwith the appointment of petitioner as Junior Assistant in the fourth respondent school namely, Kadri Mills Higher Secondary School, Oddarpalayam, Ondipudur with effect from the date of appointment viz., 07.06.2017 with all attendant benefits including the arrears of salary and allowances.

For Petitioner :: Ms.M.R.Preethi For Respondents:: Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 to 3

ORDER

This writ petition has been filed challenging the impugned proceeding issued by the third respondent-District Educational Officer, Coimbatore in O.Mu.No.4741/A2/2017 dated 22.08.2017, to quash the same with a consequential direction to the third respondent-District Educational Officer, Coimbatore to approve forthwith the appointment of the petitioner as Junior Assistant in the fourth respondent school, namely, Kadri Mills Higher Secondary School, Oddarpalayam, Ondipudur with effect from the date of appointment viz., 07.06.2017 with all attendant benefits including the arrears of salary and allowances.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader taking notice on behalf of the respondents 1 to 3.

3. The crux of the issue raised in this writ petition has been settled once and for all in umpteen orders of this Court holding that prior approval is not required to be obtained from the educational authorities while filling up the vacancy in an existing sanctioned post, whether teaching or non-teaching, by the private aided educational institutions including minority institutions.

4. In the case on hand, the petitioner was appointed as a Junior Assistant in the fourth respondent School, namely, Kadri Mills Higher Secondary School, Oddarpalayam, Coimbatore in a sanctioned post which fell vacant on 1.6.2016 due to the promotion given to the previous incumbent Mr.S.Arun Kumar as B.T.Assistant on the said date. In an effort to fill up the said vacancy, the School issued a notification in the Tamil daily "Dina Malar" on 18.4.2017 inviting applications from the eligible candidates under the OC category as per the roster. Learned counsel for the petitioner further submitted that the petitioner and others applied to the said post and the interview was also held on 25.4.2017. Finally the petitioner was selected as an eligible candidate and the order of appointment was also issued to him on 7.6.2017.

Pursuant thereto, the petitioner also joined duty on 7.6.2017. Thereafter, the fourth respondent School has submitted the proposal to the District Educational Officer, Coimbatore, the third respondent herein seeking approval of his appointment as Junior Assistant and the consequential order disbursing the grant-in-aid towards salary. But the third respondent has rejected the proposal by the impugned order directing the School to make the proposal after getting necessary orders from the Government to fill up the nonteaching post.

5. Assailing the reason given by the District Educational

Officer in the impugned order, the learned counsel for the petitioner, drawing the notice of this Court to the staff fixation order dated 24.11.2016 passed by the Chief Educational Officer, Coimbatore, submitted that one post of Junior Assistant was also sanctioned for the year 2016-17 to the fourth respondent School.

6. A perusal of the staff fixation order dated 24.11.2016 passed by the Chief Educational Officer, Coimbatore enclosed at page-6 of the typedset of papers clearly shows that the fourth respondent School was sanctioned with the post of Junior Assistant for the year 2016-17. Since one of the staff already working as Junior Assistant was given promotion to the post of B.T.Assistant and the said vacancy has also arisen on 1.6.2016, after notifying the said vacancy in the Tamil daily "Dina Malar" on 18.4.2017 inviting applications from the eligible candidates and after the conduct of interview, the petitioner has been finally selected and he has also joined duty on 7.6.2017.

Therefore, the impugned order is set aside and the respondents 1 to 3 are hereby directed to accept the proposal forwarded by the fourth respondent School and pass appropriate orders for approval of the appointment of the petitioner as Junior Assistant with effect from the date of his appointment on 7.6.2017 and also release the salary along with arrears within a period of four weeks from the date of receipt of a copy of this order. With this direction, the writ petition stands allowed. Consequently, W.M.P.No.34651 of 2017 is closed. No costs.

1. The Director of School Education College Road Chennai 600 006

2. The Chief Educational Officer Coimbatore, Coimbatore District

3. The District Educational Officer Coimbatore, Coimbatore District +1cc to the Government Pleader, S.R.No. 87445 +1cc to Mr.M.R.PREETHI Advocate, S.R.No. 86686 W.P.No.31533 of 2017 PVS(CO) TR(27/12/2017)