A THANGAPANDI Vs. M SIVABALAN

JUDGEMENT

(1.) THE appellant herein was appointed as Physical Education Teacher in the 6th respondent School on 1.6.1994. THE 6th respondent School is functioning as a Non-minority aided Educational institution, getting grants from the State under the provisions of the Tamil Nadu Grant-in-aid code of the Educational Department and the School is covered by the rules and regulations of Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the Tamil Nadu Recognised Private Schools (Regulation) Rules 1974.

(2.) IT is seen from the records that one V.Chokkalai was working as Physical Director Grade-II and he retired on attaining the age of superannuation on the A.N. of 30.9.1999, but was re-employed from 1.10.1999 to 31.5.2000. In the meanwhile, pursuant to the repeated requests of the said V.Chokkalai and as per G.O.(4D) No.1, School Education Department, dated 21.1.2000, the Director of School Education had passed orders in his proceedings R.C.No.2431/W7/W12/97, dated 21.3.2000 upgrading the post of Physical Director Grade-II held by the said V.Chokkalai to that of Physical Director Grade-I, subject to the condition that the Teacher whose post has been upgraded should possess the requisite qualifications to the post of Physical Director Grade-I and the School should have a strength of not less than 400 pupils from Standards 9 to 12.

(3.) CONSEQUENT to the retirement of the said Chokkalai, the Chief Educational Officer, Madurai, in his proceedings in M.M.No.5888/B5/2001, dated 5.7.2001 has permitted the 6th respondent School to fill up the post of Physical Education Director Grade-II during the academic year 2001-2001. But, even prior to grant of this permission, the School Committee, as per their resolution dated 26.6.2001, has called for a list of eligible candidates from the Employment Exchange to fill up the post of Physical Education Director Grade-I and has appointed the first respondent herein as Physical Education Director Grade-I in the School, subject to approval by the Chief Educational Officer.