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Madras High CourtWP(MD)/19418/2019allowed

A.Arul Jothi v. The State Of Tamil Nadu

2019-09-09Honourable Ms.Justice V.M.Velumani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.19418 of 2019 and W.M.P(MD)No.15869 of 2019 A.Arul Jothi ... Petitioner 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 Elementary Education, College Road, Chennai-600 006.

3.The District Educational Officer, Sivagangai, Sivagangai District.

4.The Block Educational Officer, Illayankudi, Sivagangai District.

5.The Correspondent, St. Antony's Primary School, Kalladithidal, Anandur, Sivagangai District.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order issued by the third respondent District Educational Officer in Na.Ka.No.580/a2/2019 dated 14.08.2019 (received on 03.09.2019) in cancelling the approval of appointment and further directing the petitioner to refund the salary to the government account in single installment quash the same.

For Petitioner : Mr.A.Amala For Respondents : Mr.M.Karuppasamy, Government Advocate 1/4

ORDER

The present writ petition is filed seeking for a Writ of Certiorari, calling for the records relating to the impugned order issued by the third respondent District Educational Officer in Na.Ka.No.580/a2/2019 dated 14.08.2019 (received on 03.09.2019) in cancelling the approval of appointment and further directing the petitioner to refund the salary to the government account in single installment.

2.Mr.M.Karuppasamy, learned Government Advocate takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was appointed as Secondary Grade Teacher in the fifth respondent School and he is working in the sanctioned post with effect from 16.06.2016 in the sanctioned vacancy arose on account of the retirement of I.Maria Selvam, on 31.05.2016. The fifth respondent school was established and administered by the R.C.Diocese of Sivagangai. It is a religious minority educational institution. The petitioner possess the required qualification for the post of Secondary Grade Teacher and passed Teachers Eligibility Test, by securing 88 marks. The petitioner continue to work in the fifth respondent school without any break and the utmost satisfaction of the Management.

4. After the appointment of the petitioner, the fifth respondent sent the proposal to the then DEEO on 16.06.2016, requesting to approve the appointment of the petitioner. The DEEO rejected the proposal sent by the fifth respondent, for approval. The fifth respondent filed W.P(MD)No.15335 of 2017 challenging the said order of rejection. While the said writ petition was pending, the petitioner approached the respondents 3 and 4 for approval of her appointment. The third respondent asked the fifth respondent to send the proposal to him. The fifth respondent sent the proposal to the third respondent through the fourth respondent seeking to approve the appointment of the petitioner. The fourth respondent recommended to the third respondent by the proceedings in Na.Ka.No.621/a1/2019 to approve the appointment of the petitioner subject to the result of the writ petition filed by the fifth respondent. This Court, by a common order, dated 07.03.2019 in W.P (MD)No.15334 and 15335 of 2017, directed the authorities to grant approval at the earliest.

5. After receipt of the order of this Court, the third respondent cancelled the approval granted to the petitioner. Hence, the petitioner has come out with the present writ petition.

6. The learned counsel for the petitioner contended that when 2/4

this Court directed the second respondent to approve the appointment of the petitioner at the earliest, the third respondent cancelled the approval granted earlier. The impugned order passed by the third respondent is contrary to the order of this Court, dated 07.03.2019 and non-application of mind. The reason given by the third respondent for cancelling the approval of the writ petitioner is invalid and prayed for allowing the writ petition. 7.The learned Government Advocate appearing for the respondents contended that approval for appointment was granted subject to the result of the writ petition filed by the fifth respondent. The respondents 1 to 4 filed writ appeal challenging the order passed by this Court and it is in SR Stage. In view of the same, the impugned order is valid and legal and prayed for dismissal of the writ petition.

8. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

9. From the materials on record, it is seen that the appointment of the petitioner was approved subject to the result of the writ petition in W.P.(MD)No.15335 of 2017 filed by the fifth respondent. This Court, by an order, dated 7.3.2019, directed the respondents to grant approval for appointment to the petitioner at the earliest. The third respondent instead of granting approval or ratifying the approval granted earlier, had cancelled the order of approval. The impugned order cancelling the approval is not only contrary to the order of this Court, dated 7.3.2019 in W.P(MD) No.15335 of 2017, but also in deliberate violation of order of this Court. Unless the order of this Court, dated 7.3.2019, is set aside by a Division Bench or Apex Court, the third respondent is bound to obey the order of this Court and grant approval for appointment to the petitioner.

10. For the above reason, the impugned order passed by the third respondent in Na.Ka.No.580/a2/2019, dated 14.08.2019, is quashed and the third respondent is directed to approve the appointment of the petitioner and release the salary to the petitioner.

11.With the above observations, the writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) 3/4

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

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

3.The District Educational Officer, Sivagangai, Sivagangai District.

4.The Block Educational Officer, Illayankudi, Sivagangai District.

5.The Correspondent, St. Antony's Primary School, Kalladithidal, Anandur, Sivagangai District.

+1 CC to M/s.A.AMALA, Advocate ( SR-86044[F] dated 10/09/2019 ) +1 CC to M/s.GP ( SR-86126[F] dated 10/09/2019 ) W.P.(MD)No.19418 of 2019 09.09.2019 am JMN(10.09.2019) 4P : 8C 4/4