Sr.C. Angel Sharmila v. The Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).Nos.14941 and 15013 of 2016 and W.M.P(MD)Nos.11014 to 11016 and 11066 and 11067 of 2016 W.P(MD).No.14941 of 2016 St. C.Angel Sharmila ...

Petitioner Vs.

1.The Government of Tamil Nadu rep. By its Additional Chief Secretary, DPI Campus, College Road, Chennai - 600 006.

The Office of the Chief Educational Officer, Karur District.

The Office of the District Educational Officer, Karur District - 639 007.

5.The Correspondent, St. Tehrasa's Girls Higher Secondary School, Karur - 639 004.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of a Certiorarified Mandamus calling for the records pertaining to the impugned G.O.Ms.No. 181, School Education (C2) Department, dated 15.11.2011, on the file of the 1st respondent, the consequential proceedings dated 09.10.2015, in A.Thi.Mu.No. 6735/A4/2015, 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 Sr.C. Angel Sharmila as (Tamil) in St. Theresa's Girls Hr. Sec. School, Karur - 639 004, Karur District, w.e.f., 01.06.2015, with all service benefits.

For petitioner : Mr.V.John Kennedy For respondents : Mr.Aairam K.Selvakumar Govt. Advocate W.P(MD).No.15013 of 2016 R.Michael Reghu ...

Petitioner Vs.

1.The State of Tamil Nadu rep. By its Secretary, College Road, Chennai - 600 006.

Nagercoil, Kanyakumari District - 629 001.

Thucklay, Kanyakumari District.

5.The Correspondent, Little Flower High School, Manakudy - 629 602, Kanyakumari Distsrict.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of a Certiorarified Mandamus to call for the records relating to the impugned proceedings issued by the 4th respondent, District Educational officer in Na.Ka.No.5071/A2/2015 dated 25.09.2015, quash the same and further direct the 4th respondent, District Educational Officer, to approve forthwith the appointment of the petitioner as B.T Assistant (English) in 5th respondent school, namely, Little Flower High School, Manakudy, w.e.f. the date of petitioners appointment on 01.02.2014 with all attendant benefits including the arrears of salary and allowance. For petitioner : Mr.T.Cibi Chakraborthy For respondents : Mr.Aairam K.Selvakumar Govt. Advocate

COMMON ORDER Since the issue involved in both the Writ Petitions is one and the same, both the matters are taken up together and disposed of, by this common order.

2. Mr.Aairam K.Selvakumar, learned Government Advocate by fairly submitting that although the issue involved in both the Writ Petitions was already decided by the Apex Court, the main issue is still pending, would produce an Order, dated 05.02.2016, passed by the Division Bench of this Court made in W.A.(MD).No.220 of 2016, following which, this Court has disposed of W.P.(MD). No.17878 of 2015 vide order, dated 05.07.2016.

3. At this juncture, it is necessary to extract below paragraphs 4 to 8 of the order passed by the Hon'ble Division Bench 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 sub-serve, 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."

4. In view of the above, both the Writ Petitions stand disposed of, with a direction to the official respondents to grant salary to the petitioner, in the course of their employment, within a period of two weeks from the date of receipt of a copy of this order and no steps to remove them from service shall be taken. However, it is made clear that these orders are subject to the final outcome of the case pending before the Supreme Court in

Aswini Thanappan Vs. Director of Education and another - (2014) 8 SCC 272. It is further made clear that the petitioner shall not claim any equity on account of this order, without prejudice to the rights and contentions of the parties. No costs. Consequently, the connected miscellaneous petitions are closed. sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar To 1.The Additional Chief Secretary, Fort St. George,Chennai - 600 009.

DPI Campus,College Road, Chennai - 600 006.

The Office of the Chief Educational Officer, Karur District.

The Office of the District Educational Officer, Karur District - 639 007.

5.The Secretary, 6.The Chief Educational Officer, Nagercoil, Kanyakumari District - 629 001.

7.The District Educational Officer, Thucklay,Kanyakumari District.

+1cc to M/s.V.John Kennedy, Advocate Sr.No.44493 +1cc to M/s.Cibi Chakraborthy, Advocate SR.No.44816 +1cc to Special Government Pleader SR.No.46143 +1cc to Special Government Pleader SR.No.44919 sm:SKS-RR:09/09/2016:4P/12C W.P(MD).Nos.14941 and 15013 of 2016 and W.M.P(MD)Nos.11014 to 11016 and 11066 and 11067 of 2016 16.08.2016