K.Sam Sathya Selvan, v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.4670 to 4674 of 2018 K.Sam Sathya Selvan ... Petitioner in W.P.(MD)No.4670 of 2018 D.Jenifa ... Petitioner in W.P.(MD)No.4671 of 2018 Anbarasi ... Petitioner in W.P.(MD)No.4672 of 2018 D.Nelson Robert Israel ... Petitioner in W.P.(MD)No.4673 of 2018 S.Jelina ... Petitioner in W.P.(MD)No.4674 of 2018 Vs.

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

2. The District Elementary Educational Officer, District Elementary Education Office, ... Respondents 1 & 2 in all W.Ps.

Kadaladi,

4. The Correspondent, CSI Primary School, Melakidaram, Kadaladi Union,

...Respondents 3 & 4 in W.P.(MD)No.4670 of 2018

S.Mariyur,

4. The Correspondent, CSI Primary School, S.Mariyur,

...Respondents 3 & 4 in W.P.(MD)No.4671 of 2018

Ramanathapuram,

4. The Correspondent, St.Andrews Primary School, Ramanathapuram Union,

...Respondents 3 & 4 in W.P.(MD)No.4672 of 2018

Thirupullani Union,

4. The Correspondent, CSI Primary School, Chinna Mayakulam, Ramanathapuram.

...Respondents 3 & 4 in W.P.(MD)No.4673 of 2018

Kadaladi Union,

4. The Correspondent, CSI Primary School, Pulangulam, Kadaladi Union,

...Respondents 3 & 4 in W.P.(MD)No.4674 of 2018

Common Prayer: Writ Petitions - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to approve the appointment of the petitioners with effect from the date of appointment i.e., 23.07.2014, 23.07.2014, 02.02.2015, 11.01.2016, 23.07.2014 respectively and direct the second respondent to disburse the salary of the petitioners for the period from 23.07.2014 to 29.04.2016, 23.07.2014 to 24.09.2016, 02.02.2015 to 15.04.2016, 11.01.2016 to 28.04.2016 and 23.07.2014 to 29.04.2016 respectively.

For Petitioners : Mr.C.Fernadas Rathinaraja For Respondents 1 to 3 : Mr.J.Gunaseelan Muthiah Additional Government Pleader (in all W.P.s) COMMON ORDER Heard the learned counsel on either side.

2.By consent of both the parties, the main writ petitions themselves are taken up for final disposal.

3.The petitioners were appointed as Secondary Grade Teachers in the fourth respondent / schools. The petitioners were appointed only in sanctioned posts. The fourth respondent schools are minority aided institutions But the third respondents in all the Writ Petitions have not passed any orders on the proposal made by the fourth respondents till date. When the third respondents in all the Writ Petitions were approached in person, it appears that the third respondents took a stand that approval will not be issued as the petitioners had not cleared Teacher Eligibility Test. As on date, the said issue is still pending adjudication. The third respondents in all the Writ Petitions can very well grant approval to the petitioners appointment subject to the out come of the said proceedings.

4.The learned Additional Government Pleader appearing for the respondents submitted that the writ petitioners appointment is only in respect of sanctioned posts.

5.In these circumstances, this Court directs the third respondents in all the Writ Petitions to grant approval to the petitioners appointment as Secondary Grade Teachers in the fourth respondents / school with effect from 23.07.2014, 23.07.2014, 02.02.2015, 11.01.2016, and 23.07.2014 respectively and consequently grant all monetary benefits to the petitioners within a period of six weeks from the date of receipt of a copy of this order. The third respondents in all the Writ Petitions shall incorporate a condition that the order granting approval will be subject to the out come of the litigation pertaining to the requirement to obtain TET by Teachers working in minority educational institutions. 6.The Writ Petitions stand allowed accordingly. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

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

2. The District Elementary Educational Officer, District Elementary Education Office,

Kadaladi,

4. The Assistant Elementary Educational Officer, Ramanathapuram,

5. The Assistant Elementary Educational Officer, Thirupullani Union, +5 cc to Mr.C.Fernadaz Rathinaraja,Advocate SR.No.59162,59163,59164, 59165,59166 +1 cc to Spl.Government Pleader. SR.No.58939,58940,58941,59054,59055 W.P.(MD)Nos.4670 to 4674 of 2018 27.03.2018 TSG VE/SV MMS/SAR 4/05.06.2018/4P/16C