A PREMNATH Vs. GOVERNMENT OF TAMIL NADU, REP BY ITS SECRETARY, SCHOOL EDUCATION DEPARTMENT, FORT ST GEORGE, CHENNAI

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking issuance of a writ of Certiorarified Mandamus to call for the records relating to the order of the first respondent issued in G.O.Ms.No.155, School Education (D2) Department, dated 03.10.2002 and the consequential order of the second respondent passed in his proceedings Na.Ka.No.87909/D3/(4)/02, dated 26.5.2003 and the final order of the third respondent issued in Na.Ka.No.1520/A2/03, dated 03.10.2003, to quash the same insofar as the direction to take steps to refund arrears paid, direction to pay salary only after completing the training alone are concerned and direct respondents 1 to 3 to continuously pay salary and other benefits from the date of the petitioner's appointment, i.e., 04.11.1996, and forthwith send the petitioner for one month Child Psychology Training through the 5th respondent.

(2.) The facts in a nutshell are as under: The petitioner was appointed as Secondary Grade Teacher in the fourth respondent school, which is a minority school, on 04.11.1996. His appointment was approved by order dated 21.05.1997 of the third respondent with effect from the date of appointment and he was paid salary from the date of appointment till October, 2003.

(3.) It is stated that the Government issued G.O.Ms.No.394, Education, dated 12.09.1997 ordering that B.Ed. qualified candidates cannot be appointed in Secondary Grade vacancies in High and Higher Secondary School akin to another government order in G.O.Ms.No.559, Education, dated 11.07.1997 in respect of Secondary Grade vacancies in Primary and Middle Schools.