A RAYAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner claims that he was appointed as an Office Assistant in the fourth respondent/School on account of the retirement of one M.P.Belavendiran. He also claims that he was appointed on 1.7.2007. When proposals for approving his appointment were sent, the third respondent, namely the District Educational Officer, Coimbatore, instead of approving his appointment, directed the management that they will have to follow the government order in terms of G.O.Ms.No.115, School Education Department, dated 30.5.2007 for filling up the post. It was also required that for filling up the post prior permission of the department is required. Since the petitioner's post was not approved and aggrieved by the government order referred to by the third respondent, the petitioner has come forward to challenge condition (v) of G.O.Ms.No.115, School Education Department, dated 30.5.2007, which reads as follows: As per the said condition, the management of higher secondary and high schools can fill up all posts of Office Assistant to the extent of 50% and balance 50% can be filled up only after the review is done by the department.

(2.) THE contention of the petitioner was that his appointment was on account of the retirement of an earlier employee, which means that the post is available for being filled up. The second contention was that when the review of the student strength was done in respect of the fourth respondent school for the year 2007-2008, it is clearly shown that two posts of Office Assistants were allowed and two posts can be allowed to be filled up. But in the guise of the government order his post is not being sanctioned and hence, condition (v) of the impugned government order should be set aside so as to make the subordinate officers to approve his appointment.

(3.) THE stand taken by respondents 1 to 3 was that the government order impugned in this writ petition was issued for the purpose of guiding the department for filling up the post of Office Assistant and as per the guidelines, only 50% of the vacancies in the post of Office Assistant existing in aided schools up to 30.5.2007 can be filled up by direct recruitment. The total number of vacancies of Office Assistant that existed up to 30.5.2007 were 281 and therefore, 50% of the said vacancies only works out to 140 posts. The fourth respondent/school is already having sanctioned posts of two Office Assistants and in one post M.P.Belavendiran had attained the age of superannuation on 30.6.2007 and the said post was not included as eligible to be filled up by the management. The vacancy in the fourth respondent/School obviously arose after the issuance of the impugned government order. It is also stated that even a minority school will have to abide by the financial norms as well as the guidelines fixed by the Government in the matter of filling up of the vacancies. Since the petitioner's appointment was not brought to the notice of the authorities for the grant purpose and no application was submitted, the question of considering his claim will not arise. It was also stated that any post in excess of 50% can be filled up only after getting sanction from the State Government.