NARAYANAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) As the issue that arises for consideration in both the writ petitions is one and the same, both were heard together and are being disposed of by this common order.

(2.) The petitioners herein were appointed as Secondary Grade Teachers in the 5th respondent-School on 1/11/1995 and 11/3/1996 respectively and their appointments were also approved by the 4th respondent through proceedings dtd. 14/12/1995 and 20/3/1996 respectively. Both the petitioners were holding the qualification of Bachelors Degree together with Bachelor Degree in Education, i.e., B.Ed. The petitioners herein claim for counting of their services from the date of their initial appointment with effect from 1/11/1995 and 11/3/1996 respectively for the purpose of granting Selection Grade scale in terms of the policy of the Government providing for awarding of Selection Grade/Special Grade etc., on completion of service of 10 years/20 years respectively. The claims of the petitioners were rejected by the 4th respondent by issuing the impugned orders dtd. 9/3/2020 and 20/10/2020 respectively on the ground that the service rendered by the petitioners as Secondary Grade Teachers prior to undergoing the Training in Child Psychology will not be counted for the purpose of granting Selection Grade. Aggrieved by the said orders, the petitioners approached this Court.

(3.) It is the contention of the petitioners that their appointments were already approved and therefore, the question of treating their services as approved only on they undergoing the Training in Child Psychology does not arise and there cannot be any two approvals for the very same appointment. It is also contended that similarly situated candidates were extended the benefit of counting the service from the date of their initial appointment and this Court also passed various orders from time to time extending such benefits. They also placed reliance on a decision of a learned Single Judge of this Court in W.P.(MD) Nos.19571 to 19573 of 2013, dtd. 6/1/2014 and a judgment of a learned Division Bench of this Court in W.A.(MD) Nos.1455 to 1457 of 2014, dtd. 12/7/2017, confirming the orders of the learned Single Judge. The petitioners also placed on record the relevant proceedings issued by the respondents complying with the orders passed by the learned Single Judge in W.P.(MD) Nos.19571 to 19573 of 2013. Thus, the petitioners claim that they are also entitled to be treated on par with the petitioners in W.P.(MD) Nos.19571 to 19573 of 2013.