P.Gabriel Tamilselvan v. The Director Of School Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2022

CORAM

THE HON'BLE MR.JUSTICE P.D. AUDIKESAVALU W.P.NO.24176 OF 2019 P.Gabriel Tamilselvan

...Petitioner

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

2.The Chief Educational Officer, Tiruvallur, 3.The District Educational Officer, Tiruvallur 4.The Correspondent, TELC Kabis Higher Secondary School, Pandur, Thiruvallur Taluk,

...Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the Second Respondent in his proceedings Na.Ka. No.3314/A4(A3)/2017 dated 25.07.2019, quash the same and direct the Second and Third Respondents to approve the appointment of the Petitioner as B.T.Assistant (History) with effect from the date of initial appointment and give all the consequential benefits by consider the resubmitted proposal by the Fourth Respondent 15.03.2018 and confer all the consequential benefits.

For Petitioner :

Mr.P.Ganesan For Respondents :

Mrs. C.Sangamithirai Special Government Pleader (for R1 to R3) No appearance (for R4)

O R D E R

Heard Mr. P.Ganesan, Learned Counsel for the Petitioner and Mrs. C.Sangamithirai, Learned Special Government Pleader for the First to Third Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Fourth Respondent is a private school receiving grant-in-aid from the Government of Tamil Nadu for payment of salaries to its teachers. The Petitioner claims to have been appointed as Junior Grade B.T. Assistant (History) on 16.03.2005 in the school of the Fourth Respondent and despite several proposals sent by the Fourth Respondent for its approval, the same had not been granted. The Petitioner had then filed the Writ Petition in W.P.No.14545 of 2018 before this Court in which an order dated 03.04.2019 was passed directing the Second Respondent to pass orders on the revised proposals submitted by the Fourth Respondent as expeditiously as possible. In furtherance to that order, the Second Respondent by Order in Na. Ka. No. 3314/ A4(A3)/2017 dated 25.07.2019 had rejected the proposal sent by the Fourth Respondent stating that the appointment of the Petitioner had not been made against a sanctioned vacancy in accordance with the staff strength fixed for that school. Aggrieved thereby, the Petitioner has filed this Writ Petition challenging the same.

3.

It has been brought to notice that the contentious issues relating to granting of approval for appointment in aided private schools falling under the management of educational institutions establishing more than one school has been extensively delved into by the Division Bench of this Court in Secretary to Government -vs- Iruthaya Amali (Order dated 31.03.2021 in W.A. (MD) No. 76 of 2019 etc., batch) and has disposed those cases remitting the matter for fresh consideration before the concerned authority in terms of the directions issued therein. It is accepted by Learned Counsel for both sides that the instant Writ Petition is also one such matter covered by that authoritative pronouncement of the Division Bench of this Court, which now holds the field. 4.

Having regard to the aforesaid submissions made, the following orders are passed:- (i) the impugned Order in Na. Ka. No. 3314/Aa5(A3)/2017 dated 25.07.2019 passed by the Second Respondent is set aside and the matter is remitted for consideration of the matter afresh in accordance with the directions issued by the Division Bench of this Court in Secretary to Government -vsIruthaya Amali (Order dated 31.03.2021 in W.A. (MD) No. 76 of 2019 etc., batch);

(ii) the concerned authority shall immediately consider the claim of the Petitioner for approval of her appointment in the school of the Fourth Respondent for grant of aid for payment of her salary, if he is otherwise eligible for it and had actually worked during the relevant period;

(iii)if it is found that any details or supporting documents satisfying the eligibility criteria for the benefits claimed had not been produced, the deficiencies in that regard shall be informed in writing to the Petitioner and the Fourth Respondent requiring the same to be furnished within a time frame of not less than 15 clear working days; (iv) in the event of the concerned authority not being satisfied with the compliance of the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and the Fourth Respondent to explain their position in that regard and the concerned authority shall pass reasoned orders dealing with each of the contentions raised on merits and in accordance with law and communicate the decision taken to the concerned parties under written acknowledgment;

(v) if the Petitioner is entitled to the approval of appointment, it shall be ensured that the eligible amount of arrears of salary is paid within one month from the date of passing of that order, apart from the monthly salary for future months on the due dates; and (vi) the concerned authority shall file a report of compliance in that regard by 30.09.2022 before the Registrar (Judicial) of this Court;

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar Maya To 1.The Director of School Education, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Tiruvallur,

3.The District Educational Officer, Tiruvallur 4.The Correspondent, TELC Kabis Higher Secondary School, Pandur, Thiruvallur Taluk, Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

+1cc to Mr.P.Ganesan, Advocate Sr.No.26499 +1cc to the Government Pleader Sr.No.26741 W.P.No.24176 of 2019 JPL(CO) RVM(13/06/2022)