I. SALALUDEEN IBRAHIM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is filed for issuance of a writ of Mandamus, to direct the respondents to approve the petitioner's appointment with effect from 1/6/1998 with time scale of pay as admissible for that post and release the differential pay, allowance and other attendant benefits including pensionary benefits from the said date forthwith.

(2.) The brief facts of the case as stated in the affidavit is that the petitioner was appointed on 1/6/1998 as Secondary Grade Assistant in Al-Ameen Higher Secondary School, K.Pudur. Madurai, a private minority aided institution. The said Secondary Grade Assistant post was sanctioned to the school by the 1st respondent, vide G.O.Ms.No.523, School Education (D1) Department, dtd. 29/12/1997. After the appointment, the 4th respondent submitted the proposal to approve the appointment. The 3rd respondent, vide order, dtd. 15/8/1998, returned the proposal stating that as per G.O.Ms.No.394, School Education (D2) Department, dtd. 12/9/1997, approval could not be granted for the petitioner, since the petitioner is possessing B.Ed., qualification and no B.T. Assistant can be appointed in the post of Secondary Grade Assistant after 10/7/1995.

(3.) Hence the petitioner filed a petition in W.P.(MD)No.1151 of 2004 and this Court, vide a common order, dtd. 13/12/2004, directed the 3rd respondent herein to approve the petitioner's appointment in accordance with G.O.Ms.No. 125, dtd. 12/11/2003 and G.O.Ms.No.4, dtd. 19/1/2004, issued by the School Education Department. Further, the Court directed the 3rd respondent to make consolidated pay from 12/11/2003 and treat the petitioner's service from 1/6/1998 for the purpose of service benefits. Pursuant to the order the school again submitted the proposal dtd. 20/1/2005 to grant approval and the 3rd respondent, vide his proceedings, dtd. 16/6/2015, approved the petitioner's appointment with consolidated pay of Rs.4,000.00 per month with effect from 12/11/2003. Subsequently, based on G.O.Ms.No.99, Education Department, dtd. 27/6/2006, the petitioner was granted time scale of pay from 1/6/2006, vide proceedings, dtd. 14/9/2006.