BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATED: 06/04/2006 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.2901 of 2006 and W.P.M.P.No.3169 of 2006 1.A.Sagayaraj 2.S.Nithiya 3.G.Gurulakshmi 4.B.Manimozhinangai 5.C.Indiragandhi .... Petitioners Versus 1.District Elementary Educational Officer, Tuticorin. 2.Additional Assistant Elementary Educational officer, Kovilpatti. .... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to disburse the salary due to the petitioners from May 2004 till date pursuant to his communication dated 28.04.2004 in Mu.Mu.No.1286/A1. !For Petitioners ... Mr.A.Sivaji ^For Respondents ... Mr.K.V.Vijayakumar, Special Government Pleader. :ORDER
This writ petition is filed for a direction against the first
respondent to disburse the salary due to the petitioners from May 2004 till
date, pursuant to the order of the first respondent dated 28.04.2004, permitting
to fill up the five vacancies caused due to the retirement of various teachers
in two schools, viz., Lakshmi Mills Elementary School (East), Kovilpatti and
Lakshmi Mills Elementary School (west), Kovilpatti.
2. The first respondent by his proceedings dated 28.04.2004, has
downgraded the said five posts as Secondary Grade Teacher post directing to fill
up on the communal rotation, on the basis of OC-2, SC-1, MBC-1 and BC-1. It was
based on the order of the first respondent, the said school which is an aided
private school governed by the provisions of Tamil Nadu Private Schools
(Regulation) Act has made appointment of the five petitioners in accordance with
the communal rotation as ordered by the first respondent. It is also not in
dispute that the appointment of the petitioners were pursuant to the first
respondent direction dated 28.04.2004 and also based on the communal rotation.
Whileso, the said School which is governed by the Tamil Nadu Private Schools
(Regualtion) Act is entitled to make such an appointment through its School
Committee, the appointment has to be taken from the said dates.
3. In the present case, it is seen that the appointment order has been
issued to all the petitioners by the said Management on 30.04.2004. But the
Management has appointed the petitioners as per the order of the first
respondent dated 28.04.2004, and the salary was fixed on consolidated amount of
Rs.3,000/- per month and that is to be paid from May 2004. When the proposal
was sent for the purpose of releasing the teaching grant, papers were returned
on the basis that the Director of School Education by a subsequent proceedings
dated 06.07.2005 has informed the school authorities concerned that in cases of
such vacancies the same has to be filled up by redeployment process only.
Admittedly, this proceedings of the Director of School Education was dated
06.07.2005 and this can have only prospective operation. Whereas in the case of
the petitioners, their appointment is much earlier on 30.04.2004. That apart,
even a reference to the proceedings of the Director of School Education dated
06.07.2005 shows that it applies in cases where the vacancies arise in various
Private Schools and those vacancies sought to be filled up by redeployment from
other schools.
4. On the other hand, in the present case, it is not a vacancy, but
the vacancies arose due to the retirement of five people by downgrading of the
post to that of a Secondary Grade Teacher on consolidated pay. Therefore, it
cannot be stated as a vacancy, which arose subsequently. In view of that, I
am of the view, that the proceedings of the Director of School Education dated
06.07.2005, cannot have any operation and that cannot be a ground for the
purpose of denying the payment of salary to the petitioners. The School has
correctly made its proposal for the purpose of release of teaching grant. In
view of the same, the writ petition is ordered, directing the first respondent
to release the teaching grant in respect of the petitioners from the month of
May 2004 till date. Such order shall be passed releasing the grant within a
period of twelve weeks from the date of receipt of a copy of this order. No
costs. Consequently, the connected miscellaneous petition is closed.
To
1.The District Elementary Educational Officer,
Tuticorin.
2.The Additional Assistant Elementary
Educational officer,
Kovilpatti.