A.Devarajan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2018
CORAM
THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.28888 of 2017 and WMP.No.31102 & 31103 of 2017 A.Devarajan ... Petitioner Vs
1. The State of Tamil Nadu Rep by its Secretary Department of School Education Chennai - 600 009.
2. The Director of School Education College Road Chennai - 600 006.
3. The Chief Educational officer Salem - 636 001.
4. The District Educational Officer Sankagiri SH-86, Sankagiri- Tiruchengode Road Salem District - 637 301.
5. The Correspondent Nirmala Higher Secondary School Kolathur, Salem District - 636 303.
... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records relating to the impugned order issued by the 4th respondent District Educational Officer vide proceedings in Na.Ka.No.3173/A3/2016 dated 10.01.2017 and Na.Ka.No.571/2017/A3 dated 07.02.2017 quash the same and further direct the 4th respondent District Educational Officer to approve forthwith the appointment of the petitioner as Lab Assistant in the 5th respondent School and disburse the grantin-aid towards his salary and allowances with effect from the date of his appointment viz., 02.05.2014.
For Petitioner : Mr.P.Godsan Swaminath for M/s. Isaac Champers For Respondents : Mr.C.Munusamy Special Government Pleader (For R1 to R4) : No appearance (For R5) * * * * *
O R D E R
The relief sought for in this writ petition is to call for the records relating to the impugned order issued by the 4th respondent District Educational Officer vide proceedings in Na.Ka.No.3173/A3/2016 dated 10.01.2017 and Na.Ka.No.571/2017/A3 dated 07.02.2017 quash the same and further direct the 4th respondent District Educational Officer to approve forthwith the appointment of the petitioner as Lab Assistant in the 5th respondent School and disburse the grant-in-aid towards his salary and allowances with effect from the date of his appointment viz., 02.05.2014.
2.The claim of the writ petitioner is that he was appointed in a sanctioned post and in spite of that approval of the appointment was not granted.
3.The grievances of the writ petitioner is that he was appointed in accordance with the Rules and procedures in a sanctioned post and therefore, he is entitled for approval of appointment in accordance with the Act and Rules. The proposals were also submitted by the respective Management seeking approval of appointment.
4.When the matter is taken up for hearing, the learned Government Advocate appearing on behalf of the respondents filed the report submitted by the first respondent and paragraphs 3 and 4 of the report are extracted hereunder:
"3.It is further submitted that the Government of Tamil Nadu has issued Orders in G.O.Ms.No.64, School Education (SE 6 (1) Department, dated 03.04.2018 lifting the ban for according approval to the appointment in the non-teaching posts in Government aided schools. The first respondent in pursuance of the direction of the Hon'ble High Court made in the above said W.P.No.7077 to 7080 of 2018, dated 03.04.2018 has issued detailed circular in the proceedings Rc.No.33112/D1/S4/2013, dated 04.04.2018 reiterating to strictly follow up the conditions laid down in the above said circular, while giving
appointment approval of non-teaching posts by the District Educational Officers in Government aided Schools.
4.The copy of the said G.O.Ms.No.64, School Education (SE 6(1) Department dated 03.04.2018 and the proceedings issued by the first respondent in Rc.No.33112/D1/S4/2013, dated 04.04.2018 and annexed herewith for kind perusal of Hon'ble High Court." 5.On a perusal of the above, it is seen that the Government issued G.O.Ms.No.64, School Education Department dated 03.04.2018 and the Director of School Education issued a circular on 04.04.2018, setting out the procedure for grant of approval in accordance with the Act and Rules. Clause 7 of the circular categorically enumerated that the competent authorities if violates the procedures, disciplinary proceedings will be initiated against those officials, who are committing any such violations.
Thus, it is made clear that the approval of appointment has to be granted by following the Act and Rules. 6.This being the factum of the case, the case of the writ petitioner is to be considered in the light of the Government Order and the circular issued by the Director of School Education and accordingly, the decisions are to be taken and orders are to be issued, within a period of twelve weeks from the date of receipt of a copy of this order.
7.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ah To
1. The State of Tamil Nadu Rep by its Secretary Department of School Education Chennai - 600 009.
2. The Director of School Education College Road Chennai - 600 006.
3. The Chief Educational officer Salem - 636 001.
4. The District Educational Officer Sankagiri SH-86, Sankagiri- Tiruchengode Road Salem District - 637 301.
W.P.No.28888 of 2017 SVI(CO) TR(16/05/2018)