GOVERNMENT OF TAMIL NADU Vs. C.SUDHARADHAS

JUDGEMENT

(1.) The first respondent/writ petitioner was appointed as a B.T.Assistant (History) in a newly sanctioned post in terms of G.O.Ms.No.523, School Educational Department, in the services of LMS Higher Secondary School for Boys, Marthandam, which is under the Corporate Management of Church of South India, Kanyakumari Diocese on 02.06.1997. The appointment of the first respondent/writ petitioner was approved by the District Educational Officer, Kuzhithurai, from 02.06.1997 and he was also paid with salary as B.T.Assistant from 02.06.1997.

(2.) The writ petitioner would state that the third appellant/third respondent vide order dated 03.01.2000 has erroneously held the post of B.T.Assistant (History), as surplus and consequently, the second respondent was resumed the post. According to the first respondent/ writ petitioner, since his appointment was approved from 02.06.1997 and the post of B.T.Assistant (History) is available in LMS Higher Secondary School for Boys, it cannot be declared as surplus.

(3.) The petitioner would further aver that the staff fixation order came into the effect from 03.01.2000 in respect of LMS Higher Secondary School for Boys, Marthandam and during the course of the said exercise, the third respondent erroneously concluded that one post of B.T.Assistant (History) became surplus and converted the post of B.T.Assistant (History) as B.T.Assistant (Science), overlooking the facts of appointment of the first respondent/writ petitioner as B.T.Assistant (History) came to be approved as early as on 02.06.2005 and as such it cannot be converted into B.T.Assistant (Science).