M RAMAJAYAM Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The petitioner was appointed by the fourth respondent as a B.T. Assistant in English, vide appointment order dated 20 January, 2010. The vacancy has arisen on account of the retirement of a Secondary Grade Teacher on 31 December, 2009.

(2.) The appointment of the petitioner as a Graduate Teacher against the post of Secondary Grade Teacher was made in accordance with the Government Order in G.O.Ms. No. 79, School Education (U1) Department, dated 14 June, 2002. The fourth respondent, after the appointment of petitioner, submitted a proposal to approve her appointment as B.T. Assistant in English. In the meantime, the second respondent granted permission to the fourth respondent to convert the post into B.T. Assistant in English, subject to certain conditions, vide proceedings dated 30 November, 2010. The fourth respondent, pursuant to the proceedings dated 30 November, 2010, issued a fresh appointment order to the petitioner on 30 November, 2010. The petitioner was denied her past service from 20 January, 2010 to 29 November, 2010, on account of the proceedings of the second respondent dated 30 November, 2010 and the subsequent appointment order dated 30 November, 2010. This made the petitioner to challenge the proceedings dated 30 November, 2010, on the file of the Chief Educational Officer, permitting conversion with effect from 30 November, 2010.

(3.) The third respondent filed a counter-affidavit, wherein it was contended that only after the appointment of the petitioner, proposal was submitted to the Education Department for conversion. The order for conversion of Secondary Grade Teacher post to B.T. Assistant post was made with effect from 30 November, 2010. The petitioner was appointed only thereafter and as such, there is no question of taking into account the earlier service.