M SIVAKUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE above Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus praying to call for the records relating to the order of the second respondent passed in his proceedings K. Dis. No. 47458/w6/95, dated 28. 3. 1996 and the consequential order of the third respondent passed in Na. Ka. No. 1516/95/a1, dated 18. 3. 1997 and quash the same insofar as the non-granting of conversion of p. G. Assistant English Post to P. G. Assistant History Post w. e. f. 25. 10. 1993 instead of 23. 8. 1996 is concerned and direct the respondents to approve the petitioner's appointment as P. G. Assistant History in Sri Kayilai Subramani desiga Swamigal Higher Secondary School, Tirupanandal w. e. f. 25. 10. 1993 with salary, increments and all other attendant benefits.

(2.) ON a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the petitioner was appointed as Post Graduate Assistant in Sri Kayilai Subrmani desiga Swamigal Higher Secondary School, Tirupanandal, Thanjavur district on 25. 10. 1993, which vacancy was caused due to the retirement of one s. Krishnamoorthy, Headmaster on 18. 10. 1993; that the said S. Krishnamoorthy was taking the History subject to the Higher Secondary Sections in the school and since nobody was there to take the History subject and the petitioner being a m. A. (History), B. Ed. candidate the school Management has appointed the petitioner in the said post and his services were utilised to teach History subject to Higher Secondary Sections.

(3.) A careful perusal of the impugned orders would show that no reasons have been assigned by the respondents to order salary for the petitioner only from 28. 3. 1996 when the Management has very clearly stated that he joined duty as P. G. Assistant History on 25. 10. 1993 itself and is serving in the said capacity till date. But, neither the second respondent in his order dated 28. 3. 1996 nor the third respondent in his order dated 18. 3. 1997 have considered this aspect so as to grant the approval as it has been sought for on the part of the Management nor any reason has been assigned for denying the salary to the petitioner from 25. 10. 1993 to 27. 3. 1996 and granting the same only from 28. 3. 1996 in spite of the specific case of the school authorities that on the retirement of the erstwhile Headmaster Mr. S. Krishnamoorthy, who was also taking History classes for the Higher Secondary Sections, there was virtually no teacher to take the History Classes in the school and hence the petitioner who was a M. A. (History), B. Ed. candidate was appointed to catre to the needs of the school. Therefore, both the orders passed by the respondents 2 and 3, since being inconsistent ones, this Court has to cause its interference into the same and quash the same and grant the relief as sought for on the part of the petitioner and hence the following order: In result, (i) the above Writ Petition succeeds and the same is allowed. (ii) The order of the second respondent dated 28. 3. 1996 made in his K. Dis. No. 47458/w6/95 and the consequential order of the third respondent passed in his Na. Ka. No. 1516/95/a1, dated 18. 3. 1997 are quashed. (iii) The respondents 2 and 3 are hereby directed to issue necessary orders granting approval of the petitioner's appointment as p. G. Assistant (History) in Sri Kayilai Subramani Desiga Swamigal Higher Secondary School , Tirupanandal, Thanjavur District w. e. f. 25. 10. 1993 i. e. from the date of his appointment in the school, within sixty days from the date of receipt of a copy of this order. However, in the circumstances of the case, there shall be no order as to costs. .