Sr.A.Christy Pramila v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.12.2017
CORAM
THE HONOURABLE Mr.JUSTICE T.RAJA W.P.No.33789 of 2017 and W.M.P.No.37432 of 2017 Sr.A.Christy Pramila St. Thomas Girls' Higher Secondary School, Avinasi - 641 654
...Petitioner
Vs
1. The Government of Tamil Nadu, Rep. by the Secretary, Department of School Education, Fort St. George, Chennai - 600 009.
2. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3. The Chief Educational Officer, The Office of the Chief Educational Officer, Tiruppur.
4. The District Educational Officer, The Office of the District Educational Officer, Tiruppur.
5. The Correspondent, St. Thomas Girls' Higher Secondary School, Avinasi - 641 654.
...Respondents
Writ Petition filed under Article 226 of The Constitution of India seeking for issuance of Writ of certiorarified Mandamus, calling for the records pertaining to the impugned order dated 05.01.2017 in Na.Ka. No.7319/A3/16 on the file of the 4th respondent and quash the same directing the respondents to accord approval to the appointment of the petitioner Sr.Christy Pramila working as Junior Assistant in St.Thomas Girls Higher Secondary School Avinasi-641 654 w.e.f 02.05.2012 with all monetary and other service benefits.
For Petitioner : Dr.Fr.A.Xavier Arul Raj, Sr. Counsel for Ms.A.Arul Mary For Respondents : Mr.R.A.S.Senthilvel, (for R1 to R4) Additional Govt. Pleader
O R D E R
This writ petition has been directed against the impugned order dated 05.01.2017 passed by the fourth respondent herein refusing the request of the fifth respondent School, namely, St. Thomas Girls' Higher Secondary School, Avinasi, to accord approval of appointment of Junior Assistant in favour of Sr.Christy Pramila, who was appointed on 02.05.2012 in a retirement vacancy caused due to the retirement of previous incumbent, Sr.C.Stella Bai.
2.Heard the learned counsel appearing for both sides and perused the materials placed on record.
3.Learned Senior Counsel appearing for the petitioner submitted that the fifth respondent School is a minority educational institution established and administered by the Institute of the Franciscan Missionaries of Mary, which is also governed under Article 30[1] of the Constitution of India. The fifth respondent appointed the petitioner as Junior Assistant on 02.05.2012 in a retirement vacancy, caused due to the retirement of previous incumbent, Sr.C.Stella Bai, based on the staff fixation order dated 28.10.2011 issued by the fourth respondent. Therefore, a direction be issued to the respondents to accord approval to the appointment of the petitioner as Junior Assistant.
4.The fifth respondent School having got the benefit of an order of Staff Fixation dated 28.10.2011 sanctioning a post of Junior Assistant, when it fell vacant on the retirement of previous incumbent, the issue is no longer res integra. Similar issue has also been decided by this Court in W.P.No.29998 of 2014 etc. batch, clearly shows that if any vacancy arises in a sanctioned post either in teaching or nonteaching staff, the concerned educational institution without even obtaining prior approval from the educational authorities fill the vacancy and send the proposal seeking sanction for approval of appointment. The relevant portion of the said judgment is extracted hereunder :
" ... 5.Thus, the issue is well settled now that any school, either minority/private/aided or unaided, is entitled to fill up the vacancy arising on account of promotion, retirement, removal, dismissal etc., against a sanctioned post already approved by the school authorities, without even obtaining prior permission from the Government. In the cases on hand, admittedly, the writ petitioners have been appointed against vacancies relating to sanctioned posts as non-teaching staff in various cadres and therefore, by following the abvoe cited case laws, this Court hereby directs the respective respondents to approve the appointments of the nonteaching staff by the private aided schools and to sanction the grant within a period of four weeks from the date of receipt of a copy of this order.
In fine, for the reasons stated above, the writ petitions are allowed by quashing the impugned orders.
No costs.
Consequently, connected miscellaneous petitions are closed."
5.The staff fixation order dated 28.10.2011 clearly shows that the fifth respondent School was already sanctioned with one post of Junior Assistant. When previous incumbent Sr.C.Stella Bai served and retired from service w.e.f. 30.04.2012, the School appointed the petitioner in the said sanctioned post. Therefore, the impugned order returning the proposal to the fifth respondent asking them to enclose a copy of the Government Order is untenable. Therefore, the impugned order dated 05.01.2017 passed by the fourth respondent is set aside and the writ petition stands allowed and the respondents are directed to accord approval along with grant-in-aid, namely, the salary including arrears from the date of appointment within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar gya To
1. The Secretary, Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai - 600 009.
2. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3. The Chief Educational Officer, The Office of the Chief Educational Officer, Tiruppur.
4. The District Educational Officer, The Office of the District Educational Officer, Tiruppur.
+ 1 cc to Mr. Arulmary, Adocate Sr.91946 + 1 cc to Government Pleader sR.92539 W.P.No.33789 of 2017 and WMP No.37432 of 2017 SSI(CO) EU(22/01/2018)