Madras High CourtWP(MD)/17734/2019dismissed

S.Amutharani v. The Joint Director Of School

2022-02-15Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.17734 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.17734 of 2019 S.Amutharani ... Petitioner vs.

1.The Joint Director of School Education (VOC), College Road Chennai-6 2.The Headmaster Government Girls Higher Secondary School Pattukottai, Tanjore District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus by calling for the records relating to the 1st respondent in his proceedings Oo.Mu.No.013659/C5/E4/2018, dated 19.06.2019 and quash the same and further direct the 1st respondent to regularize the petitioner service as Technical Teacher (Dress Designer). For Petitioner :

Mr.PT.S.Narendravasan For Respondents :

Mr.Om Prakash, Government Advocate

O R D E R

Admittedly, the petitioner was appointed as Technical Teacher by the Parent-Teacher Association. Therefore, the petitioner was not appointed by the competent Authority of the Education Department. When the appointment of the petitioner is not falling within the ambit of Government Service Rules and she was engaged by the Parent-Teacher Association and her salary was also disbursed from and out of the funds of the Association, she is not entitled for regularization as per the Government Service Rules. 2.

The third respondent filed a counter affidavit reiterating that the petitioner was not appointed by the competent Authority of the Education Department and therefore, she is not entitled for the relief.

3. The Parent-Teacher Association is a local arrangement and the teachers are engaged on need basis and they are paid salary from and out of the funds being maintained by the Association. Such https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.17734 of 2019 teachers cannot claim any service rights or benefits based on the Service Rules or other Government Orders. This being the factum, the petitioner is not entitled for the relief as such sought for in the present writ petition.

4. Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) krk To:

1.The Joint Director of School, Education (VOC), College Road, Chennai-6.

2.The Headmaster, Government Girls Higher Secondary School, Pattukottai, Tanjore District.

+1 CC to Mr. Special Government Pleader, SR.No. 6519 W.P.(MD) No.17734 of 2019 15.02.2022 KMV(CO) TR(01.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2