A ANTONY SAVARIMUTHU Vs. DISTRICT EDUCATIONAL OFFICER, TENKASI

JUDGEMENT

(1.) This writ petition has been filed by a School Teacher who was appointed by the then Correspondent of Barenbruck Higher Secondary School, Tirunelveli District vide order dated 12.08.2008. The order made by the then Correspondent stated that he was appointed as B.T. Assistant (Science) and his appointment will be subject to the approval of the District Educational Officer and his appointment is also subject to the Diocesan Rules . The power under which the said appointment was made is not stated in the impugned order. But subsequently, it transpires that there was a litigation between different factions of the church against the Bishop of Tirunelveli Diocese in several Courts. The petitioner by the impugned order dated 01.09.2008 was informed that his appointment was illegal as it was made by one S. Herbert Santhappa as correspondent and one A. Danial Sigamani Simeon as manager of the T.D.T.A schools was illegal and he cannot continue in the said appointment as the High Court was permitted the Diocese of Tirunelveli represented by its Bishop to continue the administration.

(2.) At the relevant time, similar cases were filed and several teachers were rushed to this Court and two teachers namely, S. Arun Arockiaraj and A.M. Sankey John filed W.P.(MD)Nos.8131 and 8132 of 2008 respectively and they have obtained interim order from this Court.

(3.) In this case, notice of motion was ordered and interim injunction was granted only for a period of 8 weeks and thereafter, which was not extended further. On notice from this Court, the District Educational Officer, Tenkasi has filed a counter affidavit. In the counter affidavit, it is stated that there are two rival groups in the Tirunelveli TDTA management. The school management has been removed and changed by a rival group and the appointment made by the previous management was derecognized. Unless a final conclusion is reached the litigation between the parties, the Department cannot interfere and the Department can only approve the appointment made by the right management.