T R SUBRAMANIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner in this case is a B.A. Graduate in Tamil and also qualified as Bachelor of Education. He was appointed as a secondary grade teacher on 11.11.1998 on a regular vacancy in the 4th respondent school.

(2.) THE Government by G.O.Ms.No.559 (Educational, Science and Technology Department), dated 11.7.1995 passed orders directing the authority viz., Director of Elementary Education not to approve appointment of teachers, who have been appointed to the post of secondary grade teacher on the basis of the qualification B.Ed./Tamil Pandits. THE said Government Order was challenged by the private school management and individual teachers in a batch of writ petitions and the same were dismissed by a learned single judge of this Court upholding the G.O. by an order dated 19.5.1998. Writ Appeal was filed in W.A.No.517 of 2000 challenging the order of the learned single judge and an order of status quo was passed on 27.3.2000. In the meanwhile, the petitioner herein filed W.P.No.5157 of 1999 and obtained an order of interim injunction in W.P.M.P.No.7537 of 1999 in WP No.5157 of 1999 not to terminate him from service. However, the said writ petition W.P.No.5157 of 1999 filed by the present petitioner was dismissed on 21.12.1999 following the order of the learned single judge dated 19.5.1998. Subsequently, the order of the learned Single Judge upholding the G.O.Ms.No.559, dated 11.7.1995 was upheld by the Division Bench in W.A.Nos.991 to 998 of 1998 batch, by judgment dated 29.6.2001. While deciding the writ appeal, the Division Bench of this Court recorded the statement made by the Additional Advocate General, which reads as follows:-

(3.) THE learned counsel for the petitioner contended that the appointment of the petitioner on 11.11.1998 is in a regular vacancy and he continued to be in service of the school till 2004. He is entitled to be given the same benefit as that of the 22 teachers, who are enjoying the benefits of G.O.No.150, School Education (1B1) Department dated 2.7.2007.