,The Madras High Court disposed of a writ appeal by consent, directing the appellants to comply with the order passed earlier in a similar appeal regarding a teacher's appointment and salary continuity.
Appellants directed to comply with the order passed in similar appeal conserving status and salary pending final disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.04.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and
THE HONOURABLE MR. JUSTICE S.S.SUNDAR
W.A.(MD)No.618 of 2016 and
CMP(MD)No.4189 of 2016
1.The State of Tamil Nadu, Rep. by its Secretary, School Education (C2) Department, Fort St.George, Chennai.
2.The Director of School Education, College Road, Chennai.
3.The District Elementary Educational Officer, O/o.District Elementary Educational Office, Dindigul District.
4.The Assistant Elementary Educational Officer, O/o.District Elementary Educational Office, Dindigul District .. Appellants
1.Grace Revathi 2.The Correspondent, C.S.I Primary School, Vellaiyankavundanoor, Kuvankapatti Post, Dindigul .. Respondents
PRAYER: Writ Appeal is filed under Clause XV of Letters of Patent, against the interim order dated 21.01.2016 in W.M.P.(MD)No.1098 of 2016 in W.P.(MD)No.1323 of 2016 of this Court
Prayer in WP(MD). 1323/ 2016 :
To issue a Writ of Certiorarified Mandamus calling for https://hcservices.ecourts.gov.in/hcservices/ the records relating to the impugned order passed by the 3rd respondent in his proceedings in Aa.The.Mu.No.3623/A4/2014 dated
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16.10.2014 quash the same as illegal and consequently direct the respondents to approve petitioners appointment as a Secondary Grade Assistant teacher in the 5th respondent school, by considering the proposal dated 04.08.2014 in light of the judgment of the Honble Supreme Court.....
Prayer in WMP(MD). 1098/ 2016 :
To grant an Ad-Interim Direction directing the 3rd respondent to accord temporary provisional approval for appointment of the petitioner as a Secondary Grade Assistant Teacher in the 5th respondent school, pending disposal of the above WP.
For Appellants: Mr.VR.Shanmuganathan
Special Government Pleader
For R1 : Mr.V.Balasubramanian
JUDGMENT
(Judgment of this Court was delivered by S.MANIKUMAR, J.)
In the present writ appeal, the challenge made is to the order passed by the Writ Court, directing the appellants to grant temporary approval for appointment of the first respondent as Secondary Grade Assistant, in the second respondent School and to pay salary to her from the date of her appointment, till the date of disposal of the writ petition.
2.Learned counsel appearing for the parties in the appeal, have consented that, they are agreeable that the order passed in W.A.(MD) No.220/2016 dated 05.02.2016, be passed in the present appeal also, details of which are given below. Thus, by consent, the present appeal is taken up and disposed of.
3.On an earlier occasion, a similar Writ Appeal (MD) No.220 of 2016, filed by the State, has been considered and disposed of on 05.02.2016 by a Hon'ble Division Bench of this Court, to which, one of us ( SMKJ ) is a party.
4.Mr.V.Balasubramanian, learned counsel appearing for the first respondent/petitioner has consented for a similar order to be passed.
5.Inasmuch the above learned counsel for the first respondent/writ petitioner has consented for a similar order as made in W.A.(MD) No.220 of 2016, dated 05.02.2016, this Court deem it fit to extract the same and dispose of the Writ Appeal on the https://hcservices.ecourts.gov.in/hcservices/ same lines:
“4.In a similar writ appeal filed by the State in
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the Principal Bench, a Division Bench of this Court has passed the following order in W.A.No.1299 of 2015, dated 14.09.2015.
'4.Be that as it may, the issue as to whether the provisions of the Act, will be applicable to a minority institution, is pending consideration in Aswinithanappan Vs. Director of Education and another – (2014) 8 SCC 272.
5.In view of the above, without going into the merits of the case as to whether a teacher appointed in a minority school is required to have TET qualification, as the same is the subject matter of the Writ petition, we are of the considered view that interest justice would subserve, if the appointment of the first respondent is protected, without giving any direction to the State Government to grant temporary approval.
6.Mr.D.Krishnakumar, learned Special Government Pleader (Education) appearing for the appellants fairly submits that the first respondent shall not be terminated during the pendency of the said writ petition being W.P.No.14072 of 2015.
7.Accordingly, we direct that the first respondent shall be given her salary in the course of her employment and no steps to remove her from service shall be taken till the disposal of the writ petition. However, it is made clear that this order is subject to the final outcome of the pending writ petition. It is further made clear that the first respondent shall not claim any equity on account of this order, without prejudice to the rights and contentions of the parties, therein.
8.This intra-Court appeal is disposed of accordingly. No costs. Connected Miscellaneous Petition is closed. ”
6.By consent, Writ Appeal is disposed of on the same lines as ordered in W.A.(MD) No.220 of 2016 dated 05.02.2016. Having consented, appellants are directed to comply with the orders. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/
Assistant Registrar(P&A)
/True copy/
Sub Assistant Registrar
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To
1.The Secretary, School Education (C2) Department, Fort St.George, Chennai.
2.The Director of School Education, College Road, Chennai. 3.The District Elementary Educational Officer, O/o.District Elementary Educational Office, Dindigul District. 4.The Assistant Elementary Educational Officer, O/o.District Elementary Educational Office, Dindigul District
SDR/DB/SAR I/07.06.2016/4P/5C
W.A.(MD)No.618 of 2016 21.04.2016
3 issues framed by the court
Whether to grant temporary approval for the appointment of a teacher in a minority school pending final disposal of the writ petition regarding TET qualification.
Whether the State Government should grant temporary approval for the appointment subject to the outcome of pending litigation.
Whether the principle of interest justice subsumes as the appointment of the first respondent while the issue of minority institution eligibility is pending.
Colour shows how this judgement treated each authority
Aswinithanappan Vs. Director of Education and anotherReferred¶34
Aswinithanappan Vs. Director of Education and another – (2014) 8 SCC 272 · Who else cites this
W.A.No.1299 of 2015, dated 14.09.2015Explained¶33
W.A.(MD) No.220/2016 dated 05.02.2016Relied on¶27
1 provisions across 1 enactments
State of Tamil Nadu Rep. by its Secretary, School Education Department
Director of School Education
District Elementary Educational Officer
Assistant Elementary Educational Officer
Grace Revathi
Correspondent, C.S.I Primary School
S.MANIKUMAR
S.S.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
