The Government Of Tamilnadu v. J.Francies Sekar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE S.S.SUNDAR W.A.(MD)No.640 of 2016 and CMP(MD)No.4219 of 2016 1.The Government of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St.George, Chennai- 600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3.The Chief Educational Officer, The Office of the Chief Educational Officer, Nagercoil, Kanyakumari District.
4.The District Educational Officer, The office of the CEO, Nagercoil, Kanyakumari District.
..Appellants/Respondents 1 to 4/ Respondents 1 to 4 Vs.
1.Mr.J.Francies Sekar ..1st Respondent/Petitioner/ Writ Petitioner 2.The Correspondent, Carmel Hr. Sec. School, Nagercoil - 629 004, Kanyakumari District.
..2nd Respondent/5th Respondent/ 5th Respondent 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.3 of 2014 in W.P.(MD)No.20412 of 2014.
Prayer in MP(MD). 3/ 2014 in WP(MD).20412/2014 : To direct , directing the respondents to pay salary prospectively to the petitioner working as B.T. .Assist. (English) in Carmel Hr. Sec. School, Nagercoil-629 004, Kannyakumari District, w.e.f. 01.06.12.
Prayer in WP(MD). 20412/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus calling for the records pertaining to the impugned G.O.(Ms)No.181, Schol Education ( C2) Department, dated 15.11.2011, on the file of the 1st respondent and the consequential proceedings dated 25.6.2014, in Na.Ka.No.8260/A4/ 2014,on the file of the 4th respondent and quash the same in respect of the petitioner , directing the respondents to approve the appointment of the petitioner as B.T. .Assist. (English) in Carmel Hr. Sec. School, Nagercoil-629 004, Kannyakumari District, w.e.f. 01.06.12 with all service benefits in the light of the judgment of the Constitution Bench of the Honble Apex Court in Pramatic case as reported in (2014) 4 MLJ 486 (SC). For Appellants: Mr.VR.Shanmuganathan Special Government Pleader For R1 : Mr.Xavier Arul Raj
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 B.T.Assistant (English) in the second 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.Xavier Arul Raj, 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(AE) /True copy/ Sub Assistant Registrar(CS) To 1.The Secretary, Department of School Education, Fort St.George, Chennai- 600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3.The Chief Educational Officer, The Office of the Chief Educational Officer, Nagercoil, Kanyakumari District.
4.The District Educational Officer, The office of the CEO, Nagercoil, Kanyakumari District.
W.A.(MD)No.640 of 2016 18.04.2016 RJ2 PBK/DB 17.06.2016 ::4P-5C: