The Secondary To Government v. T.K.Saseema Banu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE C.T.SELVAM W.A.(MD)No.551 of 2016 and CMP(MD)No.3931 of 2016 1.The Secretary to Government, Department of School Education, Fort St.George, Madras - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Tirunelveli.
4.The District Educational Officer, Tenkasi, Tirunelveli District.
.. Appellants Vs.
1.T.K.Saseema Banu 2.The Manager, Hidayathul Islam School, Kadayanallur, Tirunelveli District.
.. Respondents PRAYER: Writ Appeal is filed under Clause XV of Letters of Patent, against the common order dated 08.12.2015 made in M.P.(MD)No.2 of 2015 in W.P.(MD)No.13956 of 2015.
Prayer in MP(MD). 2/ 2015 in WP(MD).13956/2015 : Petition praying that in the Circumstances stated therin and in the affidavit filed therewith the High Court will be pleased to issue suitable ad interim orders directing the 4th respondents to grant approval to the appointment of the petitioner as B.T. Assistant in the 5th respondent school w.e.f. the date of appointment on 13.2.15 with all attendant benefits including the arrears of salary and allowance within a reasonable time as may be prescribed by this Honourable Court.
For Appellants: Mr.VR.Shanmuganathan Special Government Pleader For R1 : Mr.E.V.N.Siva
JUDGMENT
(Judgment of this Court was delivered by S.MANIKUMAR, J.) In the present writ appeal, the challenge made is to the order passed by the writ Court, directing the appellants to grant temporary approval, and to pay salary to the 1st respondent/writ petitioner, from the date of her appointment, till the date of disposal of the writ petition.
2.Learned counsel appearing for the parties in the appeal, have consented that, they are agreeable that the order passed in W.A.(MD) No.220/2016 dated 05.02.2016, be passed in the present appeal also, details of which are given below. Thus, by consent, the present appeal is taken up and disposed of.
3.On an earlier occasion, a similar Writ Appeal (MD) No.220 of 2016, filed by the State, has been considered and disposed of on 05.02.2016 by a Hon'ble Division Bench of this Court, to which, one of us (SMKJ) is a party.
4.Mr.E.V.N.Siva, learned counsel appearing for the 1st respondent/Writ Petitioner has consented for a similar order to be passed. 5.In as much the above learned counsel for the 1st respondent/writ petitioner has consented for a similar order as made in W.A.(MD) No.220 of 2016, dated 05.02.2016, this Court deem it fit to extract the same and dispose of the Writ Appeal on the same lines: "4.In a similar writ appeal filed by the State in the Principal Bench, a Division Bench of this Court has passed the following order in W.A.No.1299 of 2015, dated 14.09.2015. '4.Be that as it may, the issue as to whether the provisions of the Act, will be applicable to a minority institution, is pending consideration in Aswinithanappan Vs. Director of Education and another - (2014) 8 SCC 272. 5.
In view of the above, without going into the merits of the case as to whether a teacher appointed in a minority school is required to have TET qualification, as the same is the subject matter of the Writ petition, we are of the considered view that interest justice would sub-serve, if the appointment of the first respondent is protected, without giving any direction to the State Government to grant temporary approval.
6.Mr.D.Krishnakumar, learned Special Government Pleader (Education) appearing for the appellants fairly submits that the first respondent shall not be terminated during the pendency of the said writ petition being W.P.No.14072 of 2015.
7.Accordingly, we direct that the first respondent shall be given her salary in the course of her employment and no steps to remove her from service shall be taken till the disposal of the writ petition. However, it is made clear that this order is subject to the final outcome of the pending writ petition. It is further made clear that the first respondent shall not claim any equity on account of this order, without prejudice to the rights and contentions of the parties, therein.
8.This intra-Court appeal is disposed of accordingly. No costs. Connected Miscellaneous Petition is closed. " 6.By consent, Writ Appeal is disposed of on the same lines as ordered in W.A.(MD) No.220 of 2016 dated 05.02.2016. Having consented, appellants are directed to comply with the orders. No costs. Consequently, connected Miscellaneous Petitions is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar rj2 To 1.The Secretary to Government, Department of School Education, Fort St.George, Madras - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Tirunelveli. 4.The District Educational Officer, Tenkasi, Tirunelveli District.
+1CC to Mr.E.V.N.Siva Advocate Sr.No.20166 GJM/AAl/MPA/29.4.16-3p-6C W.A.(MD)No.551 of 2016 and CMP(MD)No.3931 of 2016 07.04.2016