Y. MARY Vs. THE GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking for a direction to respondents 1 and 2 to sanction and approve the post of Physical Education Teacher in L.M.S. Girls Higher Secondary School, Marthandam under the control of the fourth respondent and to regularize the services of the petitioner with effect from 01.12.1999 including the difference of pay from 02.06.2004. The writ petition was admitted on13.05.2008. Pending the writ petition, in the application for an interim direction, this court found that there was no prima facie case for the grant of interim direction and hence, the direction application was dismissed. On notice from this court, the third respondent has filed a counter affidavit, dated 04.08.2008.

(2.) IT is seen from the records that the petitioner was appointed as a Physical Education Teacher in the non sanctioned post on 01.12.1999. The school has got no sanctioned post of the Physical Education Teacher. The C.S.I. Corporate schools were taken as one unit. Hence the need and surplus P.E.T. posts were calculated as one unit. The surplus and vacant posts without persons were resumed by the Department. The management of the CSI has no power to transfer the vacant surplus posts to the needy schools. In paragraphs 6 and 9 of the counter, it was averred as follows :

(3.) THE Supreme Court vide its judgment in State of Tamil Nadu and others Vs. Amala Annai Higher Secondary School reported in 2009 (9) SCC 386 dealt with a case in respect of a minority institution. In paragraphs 11 to 15 of the said judgment, the Supreme Court observed as follows: