MANAGER AND THE CORRESPONDENT CONCORDIA HIGH & HIGHER SECONDARY SCHOOLS Vs. S. CHRISTY, THE CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) THIS writ appeal is against the order of the learned single Judge dated 25.07.2011 passed in W.P.(MD) No. 3772 of 2008. The third and fourth respondents in the writ petition, viz. the Manager and the Correspondent of Concordia High and Higher Secondary School, representing the Management, have filed the present writ appeal. The writ petitioner was appointed as Post Graduate Assistant (Chemistry) in the appellant -School, which is a recognised aided minority institution under the Tamil Nadu Private School Regulation Act. The appointment of the writ petitioner/the first respondent herein on 20.12.2006 came on account of the voluntary retirement of one Post Graduate Assistant (Chemistry) (Mrs. T. Annie Nirmala). It is evidenced by the proceedings dated 19.12.2006 that the appointment of the writ petitioner is effective from the forenoon of 20.12.2006.

(2.) IT is seen from the proceedings dated 22.03.2007 issued by the Chief Educational Officer, Kanyakumari District at Nagercoil, that for the academic year 2006 -2007, the school was originally to have two P.G. Assistants in Chemistry. The Proceedings however contained a note that the appointment to the post of P.G. Assistant (Mathematics) and P.G. Assistant (Chemistry) should be made only after getting permission from the Department. Evidently the Management had not gone for prior approval of the appointment of the writ petitioner. The writ petitioner made representations before the District Educational Officer on 05.02.2007, 12.04.2007, 10.07.2007 and 04.12.2007 seeking approval of her appointment. The writ petitioner is stated to have met the District Educational Officer personally too. The District Educational Officer, however rejected the said claim. For the subsequent academic year 2007 -2008, proceedings recognised the availability of one post of P.G. Assistant (Chemistry) only. In the background of the above facts, the writ petitioner was not paid the salary right from the time of appointment for want of approval by the District Educational Officer. Hence, the first respondent filed W.P.(MD) No. 3772 of 2008 for a Writ of Mandamus to direct the District Educational Officer and the appellant -School Management to approve the appointment of the writ petitioner as Post Graduate Assistant in Chemistry in the appellant -School with effect from 20.12.2006 and disburse the salary within a reasonable time as may be fixed by this Court.

(3.) ADMITTEDLY , the State Educational Authorities are not on appeal as against the order of the writ Court questioning the directions of this Court to grant approval on the appointment of the writ petitioner. On the other hand, the Management is on appeal as against the order of the learned single Judge.