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Madras High CourtWP(MD)/16392/2017disposed of

The Correspondent, v. The State Of Tamilnadu

2019-03-21Honourable Mr Justice R. Mahadevan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. R.MAHADEVAN W.P.(MD)Nos.16392 and 16393 of 2017 and W.M.P.(MD)Nos.13058 and 13059 of 2017 The Correspondent, Little Flower Higher Secondary School, Kumbakonam -612 001, Thanjavur District.

... Petitioner in both cases Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

3.The Joint Director of School Education(Vocational), College Road, Chennai - 600 006.

4.The Chief Educational Officer, Thanjavur, Thanjavur District.

5.The District Educational Officer, Kumbakonam, Thanjavur District.

... Respondents in both cases COMMON PRAYER : Writ Petitions are filed under Article 226 of Constitution of India, to issue a writ of Mandamus directing the 4th & 5th respondents herein to approve forthwith the appointment of G.Arockiyaraj and R.Senthil Kumar as Vocational Instructors in the petitioner's school w.e.f. the date of their appointment viz. 02.08.2001 with salary and all attendant benefits. For Petitioner in both petitions : Mr.K.Ragatheeshkumar For M/s.ISAAC CHAMBERS For Respondents in both petitions : Mrs.S.Srimathy, Special Government Pleader.

COMMON ORDER The Writ Petitions are filed seeking a direction to the fourth and fifth respondents herein to approve forthwith the appointments of G.Arockiyaraj and R.Senthil Kumar as Vocational Instructors in the petitioner's school with effect from the date of their appointment viz., on 02.08.2001 with salary and all attendant benefits.

2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record. 3.The learned counsel appearing for the petitioners submitted that the issue involved in the present Writ Petitions is squarely covered by the earlier Judgment of this Court in The State of Tamil Nadu and others Vs. The Secretary/Correspondent [W.A(MD)No.1494 of 2017, decided on 01.03.2018], and prayed for allowing the Writ Petitions on the similar lines.

4.The learned Special Government Pleader appearing for the respondents is not disputing the same and submitted that the Government has also issued G.O(Ms)No.142, School Education (SE7-1) Department, dated 13.07.2018.

5.It is useful to refer to the relevant portions of the Judgment of this Court in The State of Tamil Nadu and others Vs. The Secretary/Correspondent [W.A(MD)No.1494 of 2017, decided on 01.03.2018], hereunder:- "7.After elaborate and careful perusal of the materials on record, we find from the staff fixation year 2013-14, dated 29.10.2017 as on 01.08.2013 there was one post of Vocational Instructor for the subject General Mechanist and on the date when Thiru.R.Kannan was appointed, ie., 10.06.2013, the School had one post of Vocational Instructor and therefore, to state that the appointment itself is not sustainable is a stand which has to be rejected. 8.Next we come to staff fixation done by the Department for the year 2014 vide order, dated 07.11.2014.

It is interesting to note that in the said order, the appellant department records the fact that there are 46 students in the 11th standard and 39 students in the 12th standard inspite of the same stated in the fixation order that one post is surplus. In our considered view, the Department cannot take such a technical plea. When it is admitted fact there exists sufficient students strength, the course has to continue. Thus, the order of the fifth respondent showing one post of Vocational Instructor as surplus, he has virtually closed down the said course as there would be no teacher.

and course is in demand, the Department cannot take such a stand and render one post as surplus. In the Government Order in G.O.Ms.No.525, School Education (D1) Department, dated 29.12.1997, in paragraph No.IV, the number of post eligible for Higher Secondary School is mentioned in the clause (d) of the said order which states that for vocational stream, two posts of teachers (full time) will be sanctioned irrespective of the number of courses. Therefore, even while passing the order, dated 29.10.2013 and fixing the staff strength for the year 2013-14, the respondent/Management was entitled to two post of Vocational Instructor. Thus, we find the reason for rejection of approval of the Vocational Instructor, Thiru.R.Kannan as well as staff fixation for the year 2014-2015 is completely flawed.

9.In the result, we dismiss the Writ Appeal for the reasons stated above and issue the following directions:- (i) The respondents 4 and 5 shall approve the appointment of Thiru.R.Kannan, Vocational Instructor, which appointment was made on 10.06.2013, as the post was very much available in terms of staff fixation order, dated 29.10.2013.

(ii) Insofar the Academic Year 2014-2015 is concerned, the respondents 4 and 5 are directed to take note of the factual aspects which is admitted in the fixation order itself, namely, students strength and sanction one post with effect from the year 2014-2015 onwards in the category Vocational Instructor and the petitioner is entitled to be paid salary in the said post.

10.The above direction should be complied with within a period of twelve weeks from the date of receipt of copy of this order. Accordingly, the Writ Appeal fails and stands dismissed."

6.Following the same, the respondents are directed to approve the appointment of the petitioners within a period of four weeks from the date of receipt of a copy of this order.

7. The Writ Petitions are disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS)

ssl To 1.The Secretary, State of Tamil Nadu, Department of School Education, Fort St. George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

3.The Joint Director of School Education(Vocational), College Road, Chennai - 600 006.

4.The Chief Educational Officer, Thanjavur, Thanjavur District.

5.The District Educational Officer, Kumbakonam, Thanjavur District.

+2CC TO MR.ISAAC CHAMBERS, Advocate Sr. No.55908 & 55909 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 56260 W.P.(MD)Nos.16392 and 16393 of 2017 and W.M.P.(MD)Nos.13058 and 13059 of 2017 21.03.2019 TR (23.04.2019) 4P 9C