S. SARADHA AND ANR. Vs. THE STATE OF TAMIL NADU REPRESENTED BY THE SECRETARY, EDUCATION DEPARTMENT AND ORS.

JUDGEMENT

(1.) W.P. No. 1462 of 1973. -- On 16th January, 1966 the post of Assistant Educational Officer fell vacant consequent upon the promotion of the previous incumbent in office as Educational Officer, Corporation of Madras. The post of Assistant Educational Officer comes under the category of Class II Officers in the establishment. For the first time but long after three months from the date When the post fell vacant a note was put up by the Commissioner, Corporation of Madras, to the Council to select a panel of two names for the purpose and also to indicate the order of preference. It was also suggested that the first candidate would be appointed as Assistant Educational Officer (North) and the second will be appointed in any leave or other vacancy that may arise. The pool from which such officers could be selected consists of Headmasters of the various Corporation Schools and/or B.T. Supervisors. The names of the writ petitioner, 3rd respondent, S. Saradha, writpetitioner in W.P.No. 1459 of 1973, and another were also recommended. It is seen that the subject was also taken up by the Council, Corporation of Madras, long after three months from the date when the post fell vacant. The Council at its meeting held on 27th June, 1967 resolved to select the Writ petitioner and S. Saradha in the order of preference indicated for the posts as suggested by the Commissioner. But both the selections were to be subject to the approval of Government. On 5th July, 1967, the Commissioner issued proceedings as under :

(2.) the appointment is purely temporary without right of probation and subject to the conditions contained under proviso to Section 94 of the Madras City Municipal Corporation Act, 1919 as amended by the Madras Act XV of 1965,

(3.) the appointment is subject to approval of the competent authorities.