The State Of Tamil Nadu, v. The Correspondent,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE S.S.SUNDAR W.A.(MD)No.846 of 2016 and C.M.P.(MD).No.5132 of 2016 1.The State of Tamil Nadu, represented by its Secretary to Government Department of School Education, Fort St. George, Chennai 009.

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

3. The Chief Educational Officer, Dindigul, Dindigul District.

4. The District Elementary Educational Officer, Dindigul,Dndigul District.

... Appellants/Respondents Vs.

The Correspondent, St.Theresa High School, Pambarpuram, Kodaikanal 624 103, Dindigul District.

... Respondent/Petitioner PRAYER: Writ Appeal is filed under Clause XV of Letter Patent against the interim order dated 29.01.2016 passed in W.M.P.(MD). No.1830 of 2016 in W.P.(MD).No.2105 of 2016.

Prayer in WMP(MD)No. 1830/2016 :

To grant an AD INTERIM ORDERS directing the 4th respondent District Educational Officer to provisional approve forthwith the appointment of Sis.S.Maria Antoniammal as Secondary Grade Teacher in the petitioner school w.e.f.the date of her appointment viz., 03.06.2014 with all attendant benefits within a reasonable time as may be prescribed by this Honourable Court pending disposal of the Writ petition.

Prayer in WP(MD)No. 2105/2016 :

Writ petitioner is filed Under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 4th respondent District Educational Officer to approve forthwith the appointment of Sis.S.Maria Antoniammal as

Secondary Grade Teacher in the petitioner school w.e.f.the date of her appointment viz., 03.06.2014 with all attendant benefits including the arrears of salary and allowance. For Appellants : Mr.VR.Shanmuganathan Special Government Pleader For Respondent : Mr.Isaac Mohanlal

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 fourth appellant to grant temporary approval and pay salary to Sis.S.Maria Antoniammal, who is working as Secondary Grade Teacher in the respondent's school.

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.Isaac Mohanlal, learned counsel appearing for the respondent/petitioner has consented for a similar order to be passed.

5. Inasmuch as the 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, fourth appellant is directed to comply with the orders. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar

To 1.The Secretary, Department of School Education, Fort St. George, Chennai 009.

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

3. The Chief Educational Officer, Dindigul, Dindigul District.

4. The District Elementary Educational Officer, Dindigul, Dndigul District.

+1cc to M/S.CIBI CHAKARAVATHY, ADVOCATE, SR NO: 25698 akv JA-GSV-PM-2.09.2016/4P:6C W.A.(MD)No.846 of 2016 29.04.2016