The State Of Tamil Nadu v. K.Gaspar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE S.S.SUNDAR W.A.(MD)No.599 of 2016 and CMP(MD)No.4133 of 2016 1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.
2.The Director of Elementary Education, College Road, D.P.I. Campus, Chennai - 600 006. 3.The District Elementary Educational Officer, Tirunelveli, Tirunelveli District-627 001.
4.The Additional Assistant Elementary Educational Officer, Vasuthevanaloor, Tirunelveli District.
.. Appellants/Respondents 1 to 4/ Writ Petitioner Vs.
1.K.Gaspar 2.The Superintendent of Schools, RC Diocese of Palayamkottai, Thembavani Thottam, Tirunelveli District.
3.The Correspondent, RC Primary School, Velayuthapuram, Goodalor Post, Tirunelveli District 627 760. ..2&3 Respondents/Respondents2&3/ Respondents 4&5 PRAYER: Writ Appeal is filed under Clause XV of Letters of Patent, against the common order dated 27.01.2016 made in M.P.(MD)No.1 of 2015 in W.P.(MD)No.1960 of 2015.
Prayer in MP(MD)No.1/2015 in WP(MD)No.1960/2015: To pass suitable Ad Interim Orders directing the 3rd respondent District Elementary Educational Officer to approve forhwith the appointment of the petitioner as Secondary Grade
Teacher in the 6th respondent School Namely, RC Primary School, Velayuthapuram , Goodalor Post, Tirunelveli District w.e.f. the date of his apppointment on 17.3.2011 with all attendant benefits including the arrears of salary and allowance in the light of the judgment rendered by the Honble supreme Court in Pramati Educational and Cultural Trust and others vs the Union of India and others reproted in (2014) 4 MLJ 486 (SC), and pass such further or other suitable order/orders.
Prayer in WP(MD)No.1960/2015:- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the 3rd respondent District Elementary Educational Officer to approve forhwith the appointment of the petitioner as Secondary Grade Teacher in the 6th respondent School Namely, RC Primary School, Velayuthapuram , Goodalor Post, Tirunelveli District w.e.f. the date of his apppointment on 17.3.2011 with all attendant benefits including the arrears of salary and allowance in the light of the judgment rendered by the Honble supreme Court in Pramati Educational and Cultural Trust and others vs the Union of India and others reproted in (2014) 4 MLJ 486 (SC), and pass such further or other suitable order/orders. For Appellants : Mr.VR.Shanmuganathan Special Government Pleader For R1 : Mr.S.Xavier Rajini
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 for appointment of the first respondent as Secondary Grade Teacher in the third respondent school and to pay salary to him from the date of his 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.S.Xavier Rajini, learned counsel appearing for the first respondent/petitioner has consented for a similar order to be passed.
5.In as much the above learned counsel for the first 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 subserve, 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 Petition is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The Secretary, Department of School Education, Fort St.George, Chennai - 600 009.
2.The Director of Elementary Education, College Road, D.P.I. Campus, Chennai - 600 006. 3.The District Elementary Educational Officer, Tirunelveli, Tirunelveli District-627 001.
4.The Additional Assistant Elementary Educational Officer, Vasuthevanaloor, Tirunelveli District.
+One cc to Mr.Xavier Rajini, Advocate, SR.No.21570 rj2 RL/6C/4P/GSV/PM/27/4/2016 W.A.(MD)No.599 of 2016 15.04.2016