N K GEETHA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) IN W.P.No.2861 of 2006, the petitioner seeks a writ of Mandamus directing the respondents to approve the appointment of the petitioner as P.G.Assistant (Malayalam) in St. Mary's Higher Secondary School, Melpalai, established and administered by the fourth respondent, from the date of her appointment, i.e. from 4.12.2001 with salary and other attendant benefits.

(2.) IN W.P.No.8360 of 2006, the petitioner seeks a writ of Certiorarified Mandamus calling for the records relating to the second respondent in his proceedings O.M.No.128877/W/29/02 dated 13.2.2006 and quash the same and consequently, direct the respondents to approve her appointment as P.G.Assistant (Malayalam) in St. Mary's Higher Secondary School, Melpalai, established and administered by the fourth respondent and to pay her salary and other benefits.

(3.) BY the impugned proceedings, the second respondent rejected the application of the fourth respondent for approval of the petitioner's appointment, since there were certain intervening proceedings litigation. In the impugned order, the second respondent, after referring to G.O.No.361 dated 31.12.1999 has held that the persons possessing both Under Graduate degree as well as Post Graduate degree in the same language can alone be appointed in the post of language teacher and since the petitioner's Under Graduate degree is in a different subject, viz. History, her appointment could not be approved. The second respondent curiously referred to the second proviso to the relevant rule, while rejecting the approval application relating to the appointment of the petitioner.