2.The first respondent was appointed by the second respondent herein on 11.03.2008 as Vocational Instructor in Tailoring subject. The management forwarded the proposal for approving her appointment. But no action was taken. Therefore, she filed W.P(MD).No.7779 of 2010. A direction was given for passing orders. But, the Additional Assistant Elementary Educational Officer, Tuticorin Union, passed an order of rejection by order dated 08.04.2010. This was challenged by the first respondent in W.P(MD).No.10319 of 2010. She also sought a direction for approving her appointment as Vocational Instructor in Tailoring subject with effect from 11.03.2008 and for conferment of all consequential benefits. The appellants herein filed a detailed counter affidavit. It was submitted that there was no sanctioned post of Pre-Vocational Instructor in the said school. One Mrs.Indra Eben was working as a part time Vocational Instructor. To enable the qualified part time Vocational Instructor to become full time Pre Educational Instructor, the Government issued G.O.M.S.No.224, Education Science and Technology Department, dated 24.03.1994. It was made clear that the part time Pre-Vocational Instructors on being upgraded as full time instructor in a phased manner will be absorbed as Secondary Grade Teachers. But the posts held by them will extinguish automatically on their reaching the age of superannuation. Thus when Tmt.Indira Eben retired from service, the post also automatically got extinguished. There was no post in which the first respondent could have been appointed. Even though such a specific stand was taken in the counter affidavit, the learned judge chose to allow the writ petition.
