THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, TIRUNELVELI AND ORS. Vs. MARTHANDAM HINDU PRIMARY SCHOOL AND ORS.

JUDGEMENT

(1.) Challenge in these two Writ Appeals is to the Orders dated 26.03.2012 and 27.08.2012 made in W.P. (MD). Nos. 13456 of 2011 and 8530 of 2012.

(2.) Since common issues are arising for the consideration of this Court, both the Writ Appeals are heard together and a Common Judgment is being passed.

(3.) The case of the respondent in W.A. (MD). No. 489 of 2016 before the learned Single Judge was that the respondent school is a recognized private aided primary school. Totally, 250 students were studying and seven posts were sanctioned. On account of voluntary retirement of erstwhile Headmaster - S. Swamy, on 01.09.2009, the post of Headmaster fell vacant and in the said vacancy, one Sudha, who was working as Secondary Grade Teacher, was promoted and placed, with effect from 04.01.2010 and thus, the post of Secondary Grade Teacher fell vacant. The respondent school, therefore, made a representation to the District Elementary Educational Officer, Tirunelveli, seeking permission to fill up the said post and permission was also accorded, vide proceedings dated 01.03.2010.