K. GASPAR Vs. STATE OF TAMILNADU

JUDGEMENT

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

(2.) This Writ Appeal has been filed challenging the order passed in W.P.(MD) No.1960 of 2015, which was disposed of by a common order dated 14.07.2016 in a batch of Writ Petitions.

(3.) The appellant filed the writ petition praying for a Writ of Mandamus, to direct the third respondent District Elementary Educational Officer to approve forthwith the appointment of the petitioner as a Secondary Grade Teacher in the 6th respondent School with effect from the date of appointment on 17.03.2011 with all attendant benefits including arrears of salary and allowance in the light of the decision rendered by the Hon-ble Supreme Court in Paramathi Educational and Cultural Trust and others v. The Union of India and others,2014 MadLJ 486 (SC). The Writ Petition was disposed of by a common order pointing out that the appellant and other persons were appointed in sanctioned posts arising on account of retirement of the existing incumbents. However, as the issue as to whether the provisions of the Right of Children to Free and Compulsory Education Act, 2009, would be applicable to a minority institution is pending consideration before the Hon-ble Supreme Court in Aswinithanappan v. Director of Education and another, 2014 8 SCC 272, the Writ Court directed that the appellant shall be given salary within four weeks from the date of receipt of a copy of this order and no steps should be taken to remove him from service. However, such payment of salary will be subject to the decision of the Hon-ble Apex Court in Aswinithanappan (supra). Further, it was ordered that the appellant shall not claim any equity on account of the said order.