V VISALATCHI Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE petitioner, V.Visalatchi, was appointed as Secondary Grade Teacher in the Manoranjitham Middle School, Ramalinga Adigalar Street, Kokirakulam, Tirunelveli from 03.06.2002. In view of the approval granted to her appointment from the date of her appointment, she is continuously working as Secondary Grade Teacher till date.

(2.) THE 3rd respondent, based on the strength of the 5th respondent school, found that one Secondary Grade Teacher post is surplus during the year 2003 by applying G.O.Ms.No.525, Education Department, dated 29.12.1997. THE 4th respondent/the Assistant Elementary Educational Officer, Palayamkottai, in his proceedings Na.Ka.No.6850/A4, dated September 2003, also held that one Secondary Grade Teacher Post is found surplus. Since the petitioner was aggrieved by the above said proceedings passed by the 4th respondent, she was constrained to challenge the order of the 3rd respondent issued in Na.Ka.No.6060/A4/2003, dated 06.01.2004 insofar as withholding the salary of the petitioner from September 2003.

(3.) MR.A.Suresh, learned Government Advocate appearing for respondents 1 to 4 has relied upon the Judgment of a Full Bench of this Court reported in 2006 (5) CTC 385 (Director of Elementary Education, Chennai-6 and Others Vs. S.Vigila and Another) wherein it has been held that the ratio of students-teacher strength as indicated in G.O.Ms.No.525, Education Department, dated 29.12.1997 should be primarily considered by taking each individual standard/section as a unit. Therefore, by keeping in mind the ratio laid down by this Court in the above said Judgment the case of the petitioner should be considered and this Court also gives a direction to the respondents to pay her salary to the petitioner from October 2003 with all other benefits and also to deploy the petitioner to any one of the vacant posts as Secondary Grade Teacher. In view of the above, the impugned order is set aside and the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.