E.VINOLIN ISABELLA Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the 2nd respondent, dated 04.03.2013, rejecting the approval of appointment of the petitioner as Headmistress in the 4 th respondent school and for a direction to the respondents 2 and 3 to approve the appointment of the petitioner as Headmistress in the 4 th respondent school with effect from 05.04.2010.

(2.) It is the case of the petitioner that the petitioner has passed B.Ed. and after following the procedures, by order dated 05.04.2010, the 4th respondent aided minority school directly appointed her as Headmistress and sent a proposal for approval to the 2nd respondent through the 3rd respondent. On 04.09.2012, the 2nd respondent returned the proposal stating that the recognition for 6th to 8th standard were expired and the application has to be submitted for temporary recognition and the petitioner should be completed five years as Secondary Grade Teacher. According to the petitioner, this Court has time and again held that a teacher who appointed without five years of experience is also entitled for B.T. Assistant Grade salary. The 4th respondent school has permanent recognition for standards 1 to 5. Though an application for extension of recognition for standards 6 to 8 was filed on 04.08.2011 along with relevant documents, it was kept pending by the official respondents and the subsequent extension application was also kept pending by the official respondents. While so, on 04.03.2013, the 2nd respondent has passed the impugned order stating that the proposal for appointment of the petitioner will be considered only after extension of the recognition. Questioning the said order, the petitioner has come up with this writ petition.

(3.) Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 to 3.