P VIVEKANANDAN Vs. GOVERNMENT OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT FORT ST GEORGE, CHENNAI

JUDGEMENT

(1.) The petitioners have filed these writ petitions seeking issuance of a writ of Certiorarified Mandamus to call for the records relating to the order of the second respondent passed in Na.Ka.106533/V1/E3/2009, dated 22.12.2009, to quash the same and to consequently direct the respondents 1 to 4 to approve the appointment of the writ petitioners as Vocational Instructors in the 5th respondent school with effect from 11.8.2004 and 2.6.2003 respectively and pay them salary and other benefits.

(2.) The brief facts of the case are narrated as follows: The fifth respondent/School is a linguistic minority and a recognized school with grant-in-aid. The writ petitioners herein were appointed by the fifth respondent/school as Vocational Instructors with effect from 11.8.2004 and 2.6.2003 respectively in vacancies that arose due to retirement of the earlier appointees.

(3.) It is the case of the writ petitioners that Vocational Course, namely, Accountancy and Auditing Group, at the fifth respondent/school was duly sanctioned and approved by the proceedings of the Director of School Education dated 01.09.1983. By proceedings of the third respondent dated 18.2.1991 two full-time Vocational Instructors posts were allotted to the fifth respondent/School and it is the plea of the petitioners that by virtue of G.O.Ms.No.1719, dated 14.9.1978, the Correspondents of the aided schools are empowered to make appointments of Vocational Instructors in consultation with the Headmasters. It is added that the periodic staff fixation order issued by the respondent/authorities also shows the existence of the posts in the fifth respondent/school.