RAJA EMMANUEL Vs. DISTRICT EDUCATION OFFICER PALANI

JUDGEMENT

(1.) The writ petition is filed by the unfortunate Graduate Teacher, who was sent out of service by the fifth respondent without any rhyme or reason, praying for a writ of mandamus to direct respondents 1 to 5 to permit the petitioner to continue his service as Graduate Teacher in the fifth respondent school.

(2.) The petitioner Raja Emmanuel was serving as Graduate Teacher purely on a temporary basis on a consolidated pay right from the year 1993 to 1997. While so, the Government passed G.O. Ms. No. 523 School Education (D1) Department dated 29.12.1997 sanctioning four posts of BT Assistants and four posts of Second Grade Teachers to the fifth respondent school. The petitioner was appointed as Graduate Teacher in one of the four posts of BT Assistants sanctioned by the Government in the aforesaid Government Order from 2.3.1998 on the scale of pay of Rs. 1,400-40- 1,600-50-2,300-60-2,600. Considering his qualification to be appointed as Graduate Teacher, the fifth respondent, who is the competent authority to make appointment, issued the order of appointment to the petitioner.

(3.) The contention of the petitioner is that he worked in the fifth respondent institution upto 7.4.1998 and thereafter he came to the school on 8.6.1998 after the vacation recess to join the school, but, unfortunately, he was restrained from joining the school as Graduate Teacher on 8.6.1998 and he was not permitted to sign the attendance register. It is contended by the petitioner that as directed by the Correspondent of the fifth respondent, he met him in the month of July 1998, but, no interest was evinced to permit him to continue in the very same post. Having met respondents 1 to 4 personally, he has approached this Court with the present writ petition as his meeting did not fructify.