BHARATH PRIMARY SCHOOL Vs. A PAULDURAI

JUDGEMENT

(1.) THE appellant is a primary School governed by the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 (for short, 'School Rules'). In this writ appeal, they have challenged the order of the learned single Judge dated 19.4.2004 made in W.P.No.14834 of 2000 wherein and by which, they were directed to pay the salary of the first respondent for the period between 23.9.1998 and 07.6.2000, during which time the writ petitioner had acted as Head Master of the appellant School.

(2.) THE first respondent herein was appointed as Head Master of the appellant School consequent to the retirement of one M.Sundaraj, who was the then Head Master. As it was regular vacancy, the appellant School committee considered the name of the first respondent and by a resolution dated 23.9.1998, he was appointed as Head Master. When proposals were sent to the second respondent Department for the purpose of approval, the second respondent passed an order dated 07.6.2000 rejecting the request of the appellant and refused to approve the appointment of the first respondent as Head Master on the ground that the School Rules were infracted in the matter of his appointment. It was stated in the order of the second respondent that the first respondent did not have the minimum five years experience as Secondary Grade Teacher as required and the post cannot be filled up by direct recruitment since already three other experienced Secondary Grade Teachers were available and their claims should have been considered in terms of Rule 15(4) of the School Rules. It was also stated that the person, who appointed him as Head Master, did not have the authority to do so and accordingly, rejected the same. Aggrieved at the said order, the first respondent approached this Court by way of the writ petition being W.P.No.14834 of 2000 and sought for setting aside the order of the second respondent and also for a direction to approve his appointment.

(3.) IT can be seen from the facts of that case that the claim of the teacher having failed to get approval, when direction for salary as payable for a regular teacher was sought for, that was rejected. In fact, in that case, the teacher was being paid consolidated salary of Rs.1050/- p.m. from and out of the donation collected by the Management. Therefore, it was held that having failed in the attempt to get the post approved, the teacher cannot seek the salary of a regular teacher.