R CELIN MARY Vs. DIRECTOR ELEMENTARY EDUCATION

JUDGEMENT

(1.) THE prayer in this writ petition is to quash the impugned order dated 30.07.2004 and to direct the respondent 1 and 2 to approve the appointment of the petitioner as Secondary Grade Headmistress in the third respondent school with effect from 01.09.1998 and as B.T. Headmistress with effect form 27.11.2003 with all consequential benefits.

(2.) IT is the case of the petitioner that the petitioner was appointed as secondary Grade Teacher in the third respondent school on 03.02.1997 and during May 1997, three vacancies arose in the third respondent school i.e., two secondary grade teacher vacancies and one secondary grade Headmaster. The third respondent applied for filling up those vacancies to the department and the second respondent in turn has granted permission to fill up those vacancies by proceedings Mu.Mu.No.3598/a1/97 dated 07.07.1997 and accordingly, petitioner-s appointment as Secondary Grade Teacher was approved by the Additional Assistant Elementary Educational Officer, Dayankudi Range on 21.08.1997 with effect from 03.02.1997. Thereafter, the third respondent called for suitable experienced candidate for the post of Middle School Head Master to the District Employment Exchange. The District Employment Exchange issued a letter dated 08.07.1998 stating that no suitable candidate was available in the live register. As a result, the third respondent school has decided to fill up the post of Head master from the secondary grade Teachers working in the school. The petitioner-s immediate senior one SR. K. Kanthasamy relinquished the promotion post as Headmaster. The school passed a resolution on 28.08.1998 to promote the petitioner as Headmistress of the school with effect from 01.09.1998. The school sent appointment papers for approval to the Additional Assistant Elementary educational Officer, Ilayankudi Range. The second respondent rejected the proposal for approval on the ground that the petitioner was not having five years teaching experience and also stated that graduate teacher cannot be appointed in the Secondary Grade Headmaster vacancy in terms of G.O. Ms. No.559 dated 11.07.1995. The third respondent Management filed an appeal before the first respondent Management filed an appeal before the first respondent by stating that the school has sent a proposal for relaxation of experience and no order is passed till date. On 27.11.2003 the petitioner was also upgrade to B.T. Grade Head Master Post. The petitioner-s prayer is to approve the appointment as Secondary Grade Head Master from 1.9.1998 with Secondary Grade pay till her completion of five years of service and pay Head Master salary after completing her five years experience with a further approval of B.T. Grade Head Master from 27.11.2003 from the date of upgrading the post.

(3.) IN the light of the above orders, the impugned order dated 30.07.2004 passed by the second respondent is set aside with a direction to the second respondent to consider the petitioner-s claim for approval without reference to G.O. Ms.No.559, Education, dated 11.07.1995 and pass orders thereon within a period of four weeks from the date of receipt of a copy of this order. It is made clear that if the petitioner satisfies the requirement of five years of teaching experience, she is entitled to get approval of her appointment from the date of his appointment and otherwise, she is entitled to get approval as Headmistress with the scale of pay of Secondary Grade Teacher for five years and on completion of five years, she is eligible to get the scale of pay of Headmaster and from 27.11.2003 the petitioner is entitled to get B.T. Grade Head mistress salary as the post was upgraded from the said date. The writ petition is disposed of in the above terms. No costs. Consequently, connected W.P.M.P. is closed.