S RASHEETHA BANU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The prayer in the Writ Petition is to issue a Writ of Mandamus directing the respondents 1 to 4 to approve the appointment of the petitioner in the post of Secondary Grade Teacher in the fifth respondent Minority School with effect from 1.4.1998 and to pay arrears of salary payable to her from the date of appointment along with interest and other consequential reliefs. The learned counsel appearing for the petitioner submits that the petitioner is not pressing the prayer insofar as it relates to interest portion alone. The said submission made by the learned counsel for the petitioner is recorded.

(2.) The facts of the case are as follows:

(3.) The third respondent has filed a counter affidavit, wherein it is mentioned about the Judgment and Decree passed in the said Second Appeal and the Government Order issued in G.O.(2D) No. 12, School Education Department, dated 1.2.2011. Further, it is stated that as per the Government Order issued in G.O. Ms. No. 525, School "Education Department, dated 29.12.1997, the fifth respondent school originally had four Secondary Grade Teachers and one Headmaster and after the academic year 2003 - 2004, the students strength reduced, and therefore, three posts of Secondary Grade Teachers were surrendered to the Government and from the year 2003 onwards, the fifth respondent school is functioning with one Secondary Grade Teacher and one Headmaster.