M MURUGANANDAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ appeal is directed against the order dated 07.04.2004 in W.P.No.13911/1998 in and by which, the learned Single Judge dismissed the Writ Petition preferred by the appellant, challenging the order passed by the first respondent in respect of the appointment of the fourth respondent as Headmistress of the third respondent School. Factual matrix :-

(2.) THE appellant joined the service of Singaram Pillai High School, Villivakam, Chennai, as B.T. Assistant in the year 1964. THE said Institution was subsequently bifurcated into two schools viz., Singaram Pillai Boys High School and Singaram Pillai Girls High School and after the introduction of Higher Secondary System, both the schools were upgraded as Higher Secondary Schools. Since the very same Management was running two higher secondary schools and a primary school, they have been given corporate status as per G.O.Ms.No.836, Education Department, dated 27.06.1984. As per the said Government Order, all the schools run by Singaram Pillai Schools Management shall be treated as a single unit and promotion of teachers have to be made on the basis of a combined seniority list. Rule 15(4)(1) of the Tamil Nadu Recognized Private Schools (Regulations) Rules, 1974, provides that in respect of a corporate body running more than one school, the schools under that body shall be treated as a single unit for the purpose of promotion.

(3.) THE order dated 09.11.1992 was challenged by the third Respondent in a statutory appeal before the City Civil Court, Chennai, in C.M.A.No.1/1993 and during the pendency of the said appeal, the fourth Respondent approached the Government with a revision petition and the First respondent held that as per G.O.Ms.No.1502 Education dated 23.09.1988, the impugned rules came into force only in the year 1988 but whereas the appointment of the fourth Respondent was made in 1985 and as such, rule 15(4)(1) would not apply in the case of the fourth Respondent and as such, the order passed by the Appellate Authority was illegal and accordingly, it was set aside. Aggrieved by the said order, the petitioner has filed the Writ Petition.