V POONGODI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE case of the petitioner is that she attended the interview for the post of P. G. Teacher in Chemistry in the fifth respondent school and she was appointed on 31. 05. 2003. A proposal was sent to the District Educational Officer, South Chennai, for approving the appointment of the petitioner. While so, the Director of School Education addressed a letter that from 01. 06. 2003 onwards, no appointment of teachers should be made in any vacant post.

(2.) THE contention of the petitioner is that the post was vacant prior to 01. 06. 2001 and permission was also given by the District Educational Officer on 19. 03. 2003 itself to fill the vacancy and in pursuance of the same, an interview was conducted and she was appointed. As such, the letter of the Government dated 26. 05. 2003 will not create any hurdle as far as the appointment of the petitioner is concerned. Since the appointment of the petitioner was not approved, Writ Petition No. 28351 of 2003 was filed by the petitioner to consider the proposal and the above Writ Petition was disposed of, directing the fourth respondent to consider the petitioner's appointment proposal dated 30. 06. 2003 and pass orders on its own merits within two months from the date of receipt of copy of the order in the above Writ Petition.

(3.) IT is stated that the order copy is served and the first respondent passed an order in G. O. Ms. No. 125, School Education (X2) Department, dated 12. 11. 2003, bringing amendment to the Private Schools Act, by which a new cadre, namely, Junior Grade P. G. Assistant was introduced. The petitioner states that it has no retrospective effect and accordingly she is entitled to be appointed in the original post, but not in the Junior Grade P. G. Assistant. Therefore, the petitioner prays for a direction to the Director of School Education to approve her earlier appointment.