NADAR PRIMARY SCHOOL Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) Petitioner is the Secretary of Nadar Primary School. Prayer in the writ petition is for quashing the order dated 9.1.1997 and to direct the respondents to pay the salary of two teachers with effect from the date of their appointment, that is to say, 7.4.1994 and 22.4.1994 respectively.

(2.) In the writ petition it is stated that on the retirement of one Mrs. Saraswathy, Secondary Grade teacher, permission was sought for from the third respondent to fill up that post and after obtaining such permission, applications were invited and subsequently one Mrs.K. Rajeswari was selected by the School Committee by the resolution dated 6.4.1994 and she joined as a teacher with effect from 7.4.1994. The School sought for approval of the appointment, but the said request for approval was turned down on the ground that no appointment could be made after 1.6.1994 and on the further ground that no trained teacher should be appointed in the place of a Secondary Grade teacher. Another teacher had resigned on 4.4.1994 which was accepted by the third respondent after due enquiry. By letter dated 5.4.1994, the petitioner sought for permission to fill up the said post and after obtaining permission by resolution dated 21.4.1994, the appointment was made and one Mrs. Amudha joined with effect from 22.4.1994. By letter dated 13.6.1994, the third respondent refused to accord approval mainly on the ground that no appointment could be made after 1.6.1994. A writ petition was filed and direction was issued on 24.6.1996 directing the respondents to consider the claim of the school. Subsequently, the fourth respondent passed an order on 9.1.1998 whereunder the appointment of both the teachers was approved with effect from 1.6.1995 onwards. The present writ petition is for a direction to the respondents to pay the salary of the concerned teachers with effect from the date of their joining, that is to say, 7.4.1994 and 22.4.1994 respectively.

(3.) No counter has been filed on behalf of the respondents. However, it has been submitted that since the appointments have been approved with effect from 1.6.1995, salary, if any, prior to the said date should be paid by the school.