R. DEVADOSS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner was appointed in the fifth respondent school as Junior Assistant with effect from 16.07.2013 in pursuant to the superannuation of one D.John Dhayanith Santhakuma in the year 2013. In pursuant to the appointment so made, the fifth respondent sent a proposal pertaining to the petitioner for approval. The approval was rejected by the order impugned on the ground that prior approval has not been obtained. Challenging the same, the present writ petition has been filed.

(2.) THE learned counsel appearing for the petitioner submitted that the issue involved in the present writ petition is no longer res integra as it has been held in W.A.No. 908 of 2013 dated 25.08.2013 that prior approval is not required for the minority school. Challenging the judgment made in W.A.No. 908 of 2013, S.L.P.No. CC4030 of 2014 was filed before the Supreme Court, which was also dismissed. The learned counsel further submitted that the Government Orders relied upon by the respondents in G.O.Ms.No. 115 School Education (D2) Department dated 30.05.2007 and G.O.Ms.No. 203 School Education (D1) Department dated 23.07.2010 do not have any application to the case of the petitioner as the petitioner was appointed in a sanctioned post by the fifth respondent, which is a minority institution.

(3.) AS rightly submitted by the learned counsel appearing for the petitioner, the petitioner was appointed in a sanctioned post. Considering the issue of prior approval, the Division Bench of this Court in W.A.No. 908 of 2013 held as follows: