THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, THE DIRECTOR OF ELEMENTARY EDUCATION AND THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, NAMAKKAL Vs. A. RAJESWARI

JUDGEMENT

(1.) The present writ appeal has been filed against the order of the learned Single Judge of this Court dated 29.11.2011 made in W.P.No.5855 of 2007 (O.A.No.6274 of 2002), wherein, the order of the Government issued in Letter No.24666/U1/2002-1, School Education Department, dated 23.8.2002 was challenged, with a further relief to direct the department to appoint the respondent herein either as Higher Grade Teacher or Secondary Grade Teacher.

(2.) The learned Single Judge allowed the said writ petition, with a direction to the third appellant herein to appoint the respondent as Secondary Grade Teacher to handle classes 1 and 2 in terms of G.O.Ms.No.172, School Education Department, dated 31.10.2002, within a period of six weeks, with a further direction to count the non-employment period for fixation of pay and terminal benefits, without backwages. The said order is under challenge in the present writ appeal.

(3.) The following contentions were raised by the respondent before the learned Single Judge viz., the respondent has passed Higher Secondary Examination (Plus 2) with Secondary Grade Teacher Training course as a Vocational subject and she was appointed as Secondary Grade Teacher on 18.11.1988 and without notice, she was terminated from service by an order dated 17.1.1989. After receiving the termination order, the respondent made representations to the department and no action being taken by the department, she challenged the order of termination by filing O.A.No.3687 of 2002 before the Tamil Nadu Administrative Tribunal and the Tribunal, by an order dated 1.7.2002, directed the Government to pass orders on the respondent's appeal dated 14.1.2002 within three months. Thereafter, the respondent's appeal was rejected by the first appellant, by an order dated 23.8.2002, stating that the respondent was not qualified to hold the post of either Higher Grade Teacher or Secondary Grade Teacher. The said order was challenged by the respondent by filing O.A.No.6274 of 2002 before the State Administrative Tribunal and after abolition of the Tribunal, the case was transferred to the file of this Court and re-numbered as W.P.No.5855 of 2007 and the said writ petition was allowed on 29.11.2011 as stated supra.