Mary Latha.G v. The State Of Tamil Nadu Rep. By Its Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.8197 & 8198 of 2023 G.Mary Latha ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai-600 009.

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

3.The Chief Educational Officer, The Office of the CEO, S.L.B South Road, Nagercoil, Kanyakumari District-629 001.

4.The District Educational Officer, The Office of the DEO, S.L.B South Road, Nagercoil, Kanyakumari District-629 001.

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5.The Correspondent, Little Flower Girls Hr. Sec. School, Ramanputhur, Nagercoil-629 004, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the fourth respondent District Educational Officer in O.Mu.No.06910/A3/2021, dated 00.11.2021, quash the same and further direct the third respondent Chief Educational Officer to approve forthwith the appointment of the petitioner as B.T Assistant (Science) in the fifth respondent School, with effect from 18.11.2015 and disburse grant-in-aid towards her salary and other attendant benefits. For Petitioner : M/s.S.Amala Irudhaya Mary For R-1 to R-4 : Mr.D.Sadiq Raja Additional Government Pleader For R-5 : Mr.A.Santhanam

ORDER

The present writ petition has been filed by a B.T Assistant (Science) Teacher, who was appointed in the fifth respondent School seeking to quash the order of the fourth respondent herein, wherein her request for approval of her appointment was rejected on the ground that she is a surplus Teacher. 2/6

2. The respondents herein have filed a counter that the writ petitioner has been appointed in a surplus post and therefore, she cannot be approved. However, the counter does not mention the academic year in which the Teacher post became surplus. For the purpose of finding out surplus Teacher, the academic year in which a candidate is appointed is relevant. The authorities cannot rely upon any other academic year for considering a Teacher as a surplus Teacher.

3. In the present case, the petitioner having been appointed on 18.11.2015, the third respondent is hereby directed to consider whether the petitioner and any surplus Teachers within the corporate Management in the academic year 2015-2016 or not. In case there are no surplus, the third respondent herein is directed to approve the appointment of the writ petitioner as B.T Assistant (Science) with effect from 18.11.2015 with all attendant benefits and pass orders, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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4. This writ petition stands allowed to the extent as stated above. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

27.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Secretary, The State of Tamil Nadu, Department of School Education, Fort St. George, Chennai-600 009.

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

3.The Chief Educational Officer, The Office of the CEO, S.L.B South Road, Nagercoil, Kanyakumari District-629 001.

4.The District Educational Officer, The Office of the DEO, S.L.B South Road, Nagercoil, Kanyakumari District-629 001.

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5.The Correspondent, Little Flower Girls Hr. Sec. School, Ramanputhur, Nagercoil-629 004, Kanyakumari District.

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R.VIJAYAKUMAR, J.

BTR 27.11.2023 6/6