M SUGANTHA JAYANTHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed the present writ petition, seeking for a direction to the third respondent District Elementary Education Officer (DEEO) to approve her appointment as Secondary Grade Teacher with effect from 25.09.1998 as per G.O.Ms.No.150 School Education (P1) Department dated 02.07.2007 with all consequential benefits.

(2.) WHEN the matter came up on 30.09.2009, this Court ordered notice of motion in the writ petition. In M.P.Nos.1 and 2 of 2009, this Court directed that any appointment made in favour of any third party will be subject to the result of the writ petition. Subsequently, the writ petition was admitted on 29.06.2010.

(3.) THE facts leading to the filing of the case are as follows:- The 5th respondent school is a recognized Private School and it is running primary sections. It has got 19 teachers (1 Headmaster + 18 Secondary Grade Teachers). The total strength of the students claimed to be 550. On 31.05.1998, on account of the retirement of one T.Sivagami, the post of Secondary Grade Teacher fell vacant. The then Manager and Correspondent of the school, who is none other than the petitioner's father-in-law sought permission from the 3rd respondent DEEO for filling up the post. But even before permission was granted, the then Manager and Correspondent gave an advertisement on 19.08.1998 in 'Dinamalar' Tamil Daily Newspaper calling for applications from eligible candidates for appointment to the post of Secondary Grade Teacher. On 15.09.1998, the then Correspondent once again sought permission from DEEO to fill up the post. But no permission was granted. However, on 25.09.1998, he appointed his own daughter-in-law, the petitioner as the Secondary Grade Teacher. In the meanwhile, in the year 2005, the Management of the School was transferred to a new Management.