Natchathira Sathya .M v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.16640 & 16641 of 2022 M.Natchathira Sathya ... Petitioner Vs.
1.The State of Tamil Nadu Represented by its Secretary, Department of School Education, Fort St.George, Chennai-09.
2.The Director of Elementary Education, College Road, Chennai-06.
3.The Chief Educational Officer, Tenkasi District, Tenkasi.
4.The District Educational Officer, Tenkasi, Tenkasi District.
5.The Block Educational Officer, Tenkasi, Tenkasi District.
6.The Correspondent, RC Primary School, Tenkasi, Tenkasi District-627 811.
... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings issued by the 5th respondent Block Educational Officer, Tenkasi in Na.Ka.No. 1958/A2/2021, dated 26.07.2022, quash the same and further direct the respondents to approve the appointment of petitioner as Secondary Grade Teacher in the 6th respondent School namely, RC Primary School, Tenkasi, Tenkasi District w.e.f., 18.06.2018, and disburse grant-in-aid towards her salary and other monetary benefits. For Petitioner : Mr.S.Xavier Rajini For R1 - R5 : Mr.D.Sadiq Raja Additional Government Pleader For R6 : No appearance
ORDER
The present writ petition has been field by a Secondary Grade Teacher appointed in the 6th respondent school seeking to quash the order passed by the 5th respondent herein wherein the approval of her appointment has been rejected.
2. A perusal of the impugned order, dated 26.07.2022 reveals that the school management has been directed to produce a certificate from the 4th respondent herein to the effect that there are no surplus Secondary 2/5
Grade Teacher in the corporate management in the academic year 2020-21 and 2021-22. The petitioner having been appointed on 18.06.2018, the relevant academic year for deciding the surplus teachers is 2018-19. A perusal of the staff fixation order for the 6th respondent school indicates that there are no surplus teachers. However, being a corporate management, it has to be ascertained whether there are any surplus teachers within the corporate management in the academic year 2018-19.
3. In view of the above said facts, the order impugned in the writ petition is set aside. The 6th respondent management is directed to approach the 4th respondent herein for obtaining certificate to the effect that there are no surplus Secondary Grade Teacher within the corporate management in the academic year 2018-19. After verifying the records, if the 4th respondent is satisfied that there are no surplus teachers in the academic year 2018-19, he is directed to approve the appointment of the petitioner with effect from 18.06.2018 as Secondary Grade Teacher with all attendant benefits within a period of eight (8) weeks thereafter. 3/5
4. With the above said observations, this Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.
27.11.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No gbg To 1.The Secretary, The State of Tamil Nadu Department of School Education, Fort St.George, Chennai-09.
2.The Director of Elementary Education, College Road, Chennai-06.
3.The Chief Educational Officer, Tenkasi District, Tenkasi.
4.The District Educational Officer, Tenkasi, Tenkasi District.
5.The Block Educational Officer, Tenkasi, Tenkasi District.
6.The Correspondent, RC Primary School, Tenkasi, Tenkasi Districy-627 811.
4/5
R.
VIJAYAKUMAR ,J.
gbg Order made in Dated:
27.11.2023 5/5