R VASUGI Vs. ADDITIONAL ASSISTANT EDUCATIONAL OFFICER

JUDGEMENT

(1.) The petitioner initially filed O.A.No.2038 of 1998 before the Tamil Nadu Administrative Tribunal, seeking to challenge the order of the first respondent, i.e. Additional Assistant Elementary Education Officer, Kadampathur, dated 2.2.1998 and to set aside the same insofar as it had directed stoppage of her salary from February, 1998. Pending the OA, the Tribunal held that stoppage of salary cannot be allowed and therefore, there will be an interim stay of that direction issued by the first respondent.

(2.) On notice from the Tribunal, a reply affidavit has been filed by the second respondent, dated 22.10.1999. In view of the abolition of the Tribunal the matter stood transferred to this court and was renumbered as W.P.No.33019 of 2006. When the matter came up on 20.8.2009, the writ petition was dismissed for want of prosecution. Subsequently, on an application being filed in M.P.No.1 of 2009, this court restored the writ petition by an order dated 3.2.2010. Further, a counter affidavit was filed by the first respondent, dated 8.3.2010. The petitioner has also filed an additional affidavit, dated 19.9.2009.

(3.) It is the case of the petitioner that she was appointed as a Secondary Grade Teacher. She joined duty initially as the Secondary Grade teacher on 7.10.1986 at the Panchayat Union middle school, Kilveethi, Nemili Panchayat union. Her name was sponsored by the employment exchange, Vellore and that a written test was also conducted. She was appointed under Rule 10(a)(1) of the Tamil Nadu State and Subordinate Service Rules. She claimed to possess necessary educational qualification and had the Teacher Training certificate of two years duration issued by the Karnataka State Board. She was transferred to the Panchayat Union Middle School, Egathur, Kadambathur Panchayat union on 4.6.1988. She also completed her probation after two years during October, 1988, but her service was not regularised. Since her Karnataka Teacher Training certificate was not evaluated, she sent it for evaluation.