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Madras High CourtWP(MD)/24870/2018disposed of

The Correspondent, v. The State Of Tamilnadu,

2019-03-13Honourable Mr Justice R. Mahadevan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.24870, 13595,4951 and 4941 of 2018 and W.M.P(MD)Nos.22555,12381,4943 and 4918 of 2018 W.P(MD)Nos.24870 of 2018 The Correspondent, Sacred Heart RC Primary School, Kilakarai - 623 517, ..Petitioner 3.The District Educational Officer, Earlier as the District Elementary Educational Officer, Mandapam, 4.The Block Educational Officer, Earlier as the Assistant Elementary Educational officer, Thirupullani, W.P(MD)Nos.13595 of 2018 The Correspondent, John De Britto Middle School, Puliyal - 630 312, ..Petitioner

3.The District Educational Officer, Devakkottai, 4.The Additional Block Educational Officer, Devakkottai - 630 303, W.P(MD)Nos.4941 of 2018 The Correspondent, R.C.Middle School Mokkaiyur - 623 120, ..Petitioner W.P(MD)Nos.4951 of 2018 The Correspondent, R.C.Middle School Narippaiyur - 623 135, ..Petitioner

Prayer in W.P(MD)No.24870 of 2018: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent/The District Educational Officer to approve forthwith the appointment of P.Ignatius as Secondary Grade Teacher in the Petitioner's school w.e.f.1.8.2013 and to disburse the arrears of salary till 14.4.2016 and other benefits from the date of appointment. Prayer in W.P(MD)No.13595 of 2018: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent/The District Educational Officer to approve forthwith the appointment of A.Selvamuthu as Tamil Pandit in the Petitioner's school w.e.f. 11.6.2014 and to disburse the arrears of salary till 29.2.2016 and other benefits from the date of appointment.

Prayer in W.P(MD)No.4941 of 2018: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent/The District Elementary Educational Officer to approve forthwith the appointment of A.Lucas as Secondary Grade Teacher in the Petitioner's school w.e.f. 12.6.2013 and to disburse the arrears of salary till 28.4.2016 and other benefits from the date of appointment.

Prayer in W.P(MD)No.4951 of 2018: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent/The District Elementary Educational Officer to approve forthwith the

appointment of A.Arockia Ruban as Secondary Grade Teacher in the Petitioner's school w.e.f. 12.6.2013 and to disburse the arrears of salary till 28.4.2016 and other benefits from the date of appointment.

For Petitioner :Ms.A.Amala in all W.Ps' for M/s.Issac Chambers. For Respondents :Mrs.S.Srimathy 1 to 4 in all Special Government Pleader W.Ps'

COMMON ORDER These Writ Petitions have been filed seeking issuance of a Writ of Mandamus directing the third respondent/The District Educational Officer to approve forthwith the appointment of P.Ignatius, A.Selvamuthu, A.Lucas and A.Arockia Ruben as Secondary Grade Teachers in the respective Petitioners schools w.e.f. 12.6.2013 and to disburse the arrears of salary and other benefits from the date of their appointment.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The case of the Petitioners is that the Petitioners school are recognized and aided minority educational institutions owned and administered by Roman Catholic Diocese. One P.Ignatius, A.Selvamuthu, A.Lucas and A.Arockia Ruben were appointed as Secondary Grade Teachers in the Petitioners school on various dates on the vacancy of retired persons and they were working in the said schools till date. The Petitioners' schools submitted proposals to the third respondent through the fourth respondent to approve the appointment of these persons from the date of their appointment and disburse grant in aid towards their salary. The fourth respondent failed to forward the proposals to the third respondent or pass any orders.

The fourth respondent in his visiting report has made an observation that those persons, who are working as Secondary Grade Teachers, do not possess the TET qualification. Though several litigations were initiated by the Petitioners, no action has been taken by the respondents to approve their appointment. Hence these persons have submitted representations on various dates and the Petitioners schools have also sent reminders in this regard. Since no action has been taken by the respondents, the Petitioners have come forward with these Writ Petitions.

4.The third respondent filed a detailed counter stating that there are surplus teachers in the Petitioners' schools and the management has to deploy them to the needy schools. But in these cases, the persons, who have been newly appointed as Secondary Grade Teachers which is totally against the provisions of law and

the Petitioners' schools had committed wrong by appointing new teachers, when there are already surplus teachers in their management and therefore, these Writ Petitions are liable to be dismissed.

5.In support of his claim, the learned counsel for the Petitioners placed reliance on decision made in W.P(MD)No.21564 of 2016, dated 15.11.2016 and W.P(MD)No.8789 of 2018, dated 20.4.2018 and a decision in (2017) 3 MLJ 243 in the case of State of Tamil Nadu .vs. Arivalagan, wherein, it is observed that the appointment of the Petitioners therein shall be approved forthwith and if any surplus teachers are there in the said schools, they shall be deployed to the needy schools.

6.Finally, the learned counsel for the Petitioners also placed reliance on yet another unreported decision of this Court made in W.P(MD)No.2894 of 2018, dated 21.2.2018,wherein, at paragraph 4 it is held as follows:

''4................................Therefore in view of the decision of the Honourable Division Bench reported in (2016) 7 MLJ 155 and that of the Honourable Supreme Court in (2017) 1 SCC 322, the third respondent is directed to approve forthwith the appointment of A.Lawrence as Secondary Grade Teacher in the Petitioner/School with effect from 6.6.2015. The salary for the said appointee for the period from 6.6.2015 to 31.7.2016 shall also be disbursed within a period of eight weeks from today.''

Thus, the learned counsel submitted that the issue involved herein is covered by the aforesaid order, which has been agreed by the learned Special Government Pleader appearing for the respondents.

7.Following the aforesaid order, these Writ Petitions are disposed of,on the similar lines. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) To 1.The Secretary, Government of Tamil Nadu,

5.The District Educational Officer, Devakkottai, 6.The Additional Block Educational Officer, Devakkottai - 630 303, 7.The District Educational Officer, Earlier as the District Elementary Educational Officer, Mandapam, 8.The Block Educational Officer, Earlier as the Assistant Elementary Educational officer, Thirupullani, +4 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-53873,53872,53874,53875 [F] dated 14/03/2019 ) +1 CC to M/s.SPL GP ( SR-53946[F] dated 14/03/2019 ) VSN W.P(MD)Nos.24870, 13595, 4951 and 4941 of 2018 and W.M.P(MD)Nos.22555,12381, 4943 and 4918 of 2018 13.03.2019 KM/(12.04.2019) 6P 14C