J PITCHAIMANI SAHAYARANI Vs. CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the proceedings of the second respondent dated 23.8.2005 and the consequential proceedings dated 25.2.2006 and for further direction to the second respondent to approve the petitioner's appointment as Graduate Teacher (Middle School) with effect from 10.1.2005 and as B. T. Assistant (High School) with effect from 1.9.2005 with all salary, allowances and attendant benefits. The case of the petitioner is that she was appointed as Record Clerk on 6.3.1997 in Samaria St. John's Higher Secondary School, Thisayanvillai. The petitioner is a Graduate in B. Sc. (Zoology) with B. Ed. Degree. The said School is a recognized, aided and minority educational Institution. On 11.10.2002, the petitioner was transferred to another School, under the same Management, namely St. Marks Higher Secondary School, Mukkuperi. Subsequently, a vacancy arose in the post of Secondary Grade Teacher in another School under the same Management on 10.1.2005 and in such vacancy, the petitioner was promoted and appointed as Middle Grade Graduate Teacher at Tucker Higher Secondary School, Pannaivillai, Tuticorin District. The said appointment of the petitioner was made by following the G. O. Ms. No. 79 (School Education) dated 14.6.2002. After appointing the petitioner, a proposal was sent for approval. The District Educational Officer refused to approve the said appointment through his proceedings dated 20.3.2005 on the ground that only a Junior Grade B. T. Assistant can be appointed in the vacancy caused in the Secondary Grade Post and not a Middle Grade B. T. Assistant as has been done in the case of the petitioner. The School re-submitted the proposal once again on 29.4.2005 for approval and the District Educational Officer returned the proposal once again on 23.8.2005, by reiterating the very same reason. In the meantime, a vacancy of B. T. Assistant post arose in another School under the same Management on account of the retirement of previous incumbent. In that vacancy, the petitioner was promoted and appointed as B. T. Assistant (Science) on 1.9.2005. The Management submitted the proposal seeking for approval and by proceeding dated 25.8.2006, the second respondent refused to approve the appointment on the ground that a Record Clerk could not be promoted as B. T. Assistant.

(2.) Aggrieved against the said orders refusing to approve the appointment of the petitioner as Middle Grade B. T. Assistant and further as B. T. Assistant (Science), the present writ petition has been filed.

(3.) Notice of motion was ordered by this Court on 26.4.2011. The respondents 1 and 2 entered appearance and filed a counter affidavit wherein, it is stated that the petitioner was appointed as Record Clerk on 6.3.1997 and she was subsequently transferred to another School and posted as Middle Grade B. T. Assistant in a Secondary Grade Teacher vacancy on 10.1.2005 and again she was promoted as B. T. Assistant (Science) in another School. It is stated by the respondents 1 and 2 that the petitioner, who was working as Record Clerk, is not eligible for promotion as Middle Grade B. T. Assistant which is in violation of Rule 15(4) of the Tamil Nadu Recognized Private School Regulation Act, 1973 and Rules 1974. The request for approval of the appointment of the petitioner was rejected on two reasons namely the promotion of Record Clerk is contrary to Rule 15(4) of the Tamil Nadu Recognized Private School Regulation Act, 1973 and Rules 1974 and the second reason being the appointment could be made only as Junior Grade B. T. Assistant on consolidated pay as per G. O. Ms. No. 125, Education Department, dated 12.11.2003 and not as Middle Grade B. T. Assistant.