G. CHANDUMATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner's husband late G.Janakiram, who was working as Secondary Grade Teacher with the fourth respondent -school, died in harness while working on 12.09.2008. On the application made by the petitioner, she was appointed as B.T. Assistant on 26.11.2009. As the appointment was made in a sanctioned post, proposals were sent seeking approval before the third respondent. By the impugned order dated 31.07.2013, it was rejected on the ground that the staff being paid with the direct payment, the same cannot be considered. Challenging the same, the present writ petition has been filed.

(2.) THE learned counsel appearing for the petitioner submitted that by the subsequent proceedings dated 06.02.2014, in Na.Ka. No. 108349/W4/E3/2013, the order providing for direct payment was cancelled and therefore, there is no bar in law to consider the proposal pertaining to the petitioner on merit. He has also placed reliance on the order passed by this Court in W.P. No. 21015 of 2014 dated 13.10.2014. wherein it has been held in the following manner.

(3.) AS the above facts narrated would show that the factual position on which the order impugned dated 06.06.2014 has been passed by the 3rd respondent no longer survives for consideration as long as order dated 12.02.2014 is in vogue by which the earlier order of direct payment was cancelled, the 3rd respondent cannot return the papers on that ground.