A KASTON Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) By impugned order dated 14.09.2015, the second respondent has declined to grant approval to the appointment of the petitioner, on the ground that when there are surplus teachers working in various other schools under the same management and they should be redeployed to the needy schools. The said order is under challenge in this writ petition.

(2.) The learned counsel for the petitioners would submit that the issue raised in this writ petition, is squarely covered by a Division Bench judgment in Director of Elementary Education, Chennai and two others vs. B.Infanse and another (W.A(MD)Nos.639 of 2015 etc., dated 17.06.2015) and which in turn, is based upon a Full Bench judgment of this Court. Before the Full Bench, G.O.Ms.No.525 School Education (D1) Department dated 29.12.1997 was challenged and the Full Bench has interpreted the said G.O, which has been considered in the abovesaid Division Bench judgement. It is relevant to extract below paragraphs 5, 6 and 8, of the Division Bench judgment:-

(3.) In the light of the above judgment, the impugned order is set aside and the Writ Petition is allowed. A direction is issued to the second respondent to consider the proposal sent by the third respondent school, seeking to approve the appointment of the petitioner as Secondary Grade Teacher, in the light of the Division Bench Judgment in W.A(MD)Nos.639 of 2015 etc., dated 17.06.2015 and to pass order of approval, within a period of four weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs.