A MARY ANGELIS Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE two petitioners are employed by the third respondent/School at Nagercoil. Admittedly, the third respondent/School is a minority school having protection under Article 30(1) of the Constitution of India. The two petitioners were appointed as Secondary Grade Teachers in the third respondent/School by order dated 2.6.2003. The orders, which are enclosed in pages 13 and 15 of the typed set filed by the petitioners, show that their appointment was only against the post of Secondary Grade Teacher and that it was from 2.6.2003. In the order itself it is indicated that their appointment is subject to the approval by the Department of Education and also subject to the economic strength of students in the school.

(2.) THE petitioners, having accepted the said appointment, also gave undertaking to the school management on 13.6.2003, which is produced by the third respondent/School in the form of an additional typed set and found at pages 13 and 14, agreeing that though they were qualified as Graduate Teachers, they were appointed as Secondary Grade Teachers and there was a ban by the State Government from appointing such Graduate Teachers against Secondary Graduate Teachers and they were not paid salary. Subsequently, taking advantage of the order passed by a Division Bench of this Court in Secretary and Correspondent Uswathun Hasana Oriental (Arabic) Girls Higher Secondary School v. The State of Tamil Nadu, 2002 WLR 173, the petitioners underwent Child Psychology training for one month and got themselves qualified to be appointed as Secondary Grade Teachers and therefore, the third respondent/School also appointed them against the post of Secondary Grade Teacher. The two teachers, in their undertaking, also stated that they are agreeing to work as Secondary Grade Teachers and claim salary only for the said post and they will not claim any salary as Graduate Teachers and they also said that they will not claim any advance increments for having any higher qualification.

(3.) THE writ petition was admitted on 27.4.2009. On notice from this Court, the third respondent/School has filed a counter affidavit dated 19.9.2011 together with supporting typed set of papers.