K R SOMASEKARA Vs. IRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) THE petitioner was an holder of Karnataka Teacher Training Certificate. He was appointed as a Secondary Grade Teacher in Panchayat Union Primary School, Kanakalapalli (Kannada) School, Thalli Union, Dharmapuri District. THE appointment order dt.25.7.1995 was made subject to the evaluation of the Certificate by the competent Authority. THE Government, in the process of evaluation, found that the Certificate was deficient and he did not have the minimum percentage of marks as required under G.O. Ms.No.1236 Educati8on dated 17.9.1984.

(2.) SINCE the petitioner's Certificate was not on par with the Tamil Nadu Government Certificate, he was terminated from service vide an order dt.29.4.97. He was also not paid his wages for the period he had worked. The petitioner filed O.A. No.3469 of 1997 before the Tamil Nadu Administrative Tribunal. Pending the original application, though the petitioner was granted an interim order, as it was not obeyed, the petitioner also filed C.A. No.133 of 1998. The OA as well as contempt application came to be heard together. The Tribunal accepted the averment of the State and dismissed the O.A. The contempt application was also rejected on the ground that the petitioner was relieved from duty even before the interim order was given.

(3.) CONDITION No.(ii) related to having 50% marks in the aggregate in S.S.L.C. Exam and condition number (iii) related to having obtained 50% marks in each subject in T.T.E. Learned Additional Government Pleader appearing for the respondents accepts that such an amendment had been issued by the Government subsequent to the Division Bench judgment.