S.GOVINDARASU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The order impugned dtd. 1/10/2014 rejecting the claim of the writ petitioners for regularization and permanent absorption in the sanctioned post of Vocational Instructor is under challenge in the present Writ petition.

(2.) The writ petitioners were appointed as part time vocational instructors in Government Schools through Parent Teacher Association (herein after referred to as 'PTA') on consolidated pay. The grievance of the writ petitioners is that they are continuing as part time vocational instructors for several years and therefore they are entitled to be regularized in the sanctioned post in the regular time scale of pay.

(3.) The petitioners submitted their representations to grant the benefit of regularization based on the Government Order issued in G.O.Ms.No.35, School Education Department, dtd. 9/2/2007. The said Government Order issued in G.O.Ms.No.35 dtd. 9/2/2007 was issued for the purpose of filling up of the sanctioned post from amongst the eligible temporary part time vocational instructors on priority basis. However, such appointment on permanent basis in a sanctioned post based on the said Government Order cannot be granted as a matter of right. The Government Order unambiguously stipulates that the person who is fully qualified, must be given priority for appointment.