FRANCIS EDWARD Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a writ of mandamus directing the respondents 1 and 2 to sanction the post of Physical Education Teacher in the 5th respondent School and further direct the respondents to pay salary from 9.11.1988.

(2.) THE case of the petitioner is that the 5th respondent School is a Private Minority Aided School. THE 5th respondent School was originally established and administered as Elementary School, which was upgraded as Middle School from 1.8.1981 and further upgraded as High School from 1.6.1988. One post each of Headmaster, B.T.Assistant/Graduate Teacher, Tamil Pandit and Office Assistant were sanctioned to the High School setions with effect from 1.6.1994 and no Physical Education Teacher post and Junior Assistant post were sanctioned. Petitioner states, the strength of the school exceeded 300 from 1994-95; during the year 1988-89 the student strength was 203; and during the year 1989-90 the strength was 250. THE 5th respondent management, in anticipation of the sanction of Physical Education Teacher post, appointed the petitioner as Physical Education Teacher from 9.11.1988. THE petitioner claims that he is fully qualified to hold the said post as he had passed B.A. and D.P.Ed degrees. Before joining in the 5th respondent School, the petitioner served in Antonia Desoza High School, Bombay, from June, 1983 to November, 1988, and he resigned from the said post and joined in the 5th respondent school on 9.11.1988.

(3.) THE writ petition was admitted by this Court on 20.8.2002, but no counter affidavit is filed by respondents 1 to 4. However, the learned Additional Government Pleader on the basis of the instructions given by the 4th respondent argued the case.