F JACINTHA MARY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr.S.Xavier Rajini, learned counsel appearing for the appellant and Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondents 1 to 4.

(2.) This appeal is directed against the order made in W.P.(MD)No.15941 of 2015 dated 03.09.2015. The said writ petition has been filed for issuance of Writ of Mandamus, directing the respondents to approve the appointment of the writ petitioner as B.T. Assistant in Mathematics on 03.06.1986 in the fifth respondent School and disburse grant-in-aid towards the writ petitioner's salary in the said post and reckon the period from 03.06.1986 to 30.09.1993, while working as B.T. Assistant as qualifying service for pension and other retirement benefits. The undisputed facts are that the appellant was appointed as B.T. Assistant in Mathematics on 03.06.1986. On the said date, there was no vacancy in the post of B.T. Assistant in Mathematics in the fifth respondent School. Thus, the appointment of the appellant was in an unsanctioned post.

(3.) During the year 1989, pursuant to G.O.Ms.No.950 (Education (D1) Department) dated 31.07.1989, approval was granted for the period of three months, subsequently, such approval was not renewed. In the year 1993, the appellant was selected and appointed as Secondary Grade Teacher and served in the said post, promoted as B.T. Assistant and retired from service on 31.05.2014. The learned counsel appearing for the appellant would state that if the decision of the Hon'ble Division Bench in the case of G.Sahadevan Nair, Kanyakumari District v. Government of Tamil Nadu and others,2008 4 MadLJ 289 is applied and the students strength is analysed, it will be clear that one post of B.T. Assistant is required to be sanctioned for the fifth respondent School during the year 1986. If it is found so, then the service of the petitioner from the year 1986 to 1993 can be reckoned for the purpose of computing pension. The writ Court rejected the writ petition on the ground of delay and latches. As against it, the present appeal has been filed.