Writ Appeal dismissed. Bench held no error in lower court directing appointment approval with effect from 06.08.2010 (joining date) rather than departmental conversion approval date of 01.12.2010, relying on prior Division Bench decision.
No interference with lower court order allowing appointment from joinng date.
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: 26.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A.(MD)No.1406 of 2014 & M.P.(MD)Nos.1 of 2014 and 1 of 2015
Prayer in WP(MD).No. 907/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of https://hcservices.ecourts.gov.in/hcservices/ Certiorarified Mandamus to call for the records pertaining to the impugned order of the 4th respondent in O.Mu.NO.1272/A4/2011 dated
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10.5.2011 and quash the same as illegal and consequently direct the respondents no.3 and 4 to approve the petitioners appointment from the date of her appointment on 4.8.2010 with effect from 6.8.2010 instead of 1.12.2010 and pay all the benefits available to her from the said date and pass such further or other order as this Honble Court deam fit.
For Appellants : Mr.V.Muruganantham Additional Government Pleader For R1 : Ms.Porkodi Karnan
for M/s.Polax Legal Solution For R2 : No Appearance
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.V.Muruganantham, learned Additional Government Pleader appearing for the appellants and Ms.Porkodi Karnan, learned counsel appearing for M/s.Polax Legal Solution for the first respondent/writ petitioner.
2.This Writ Appeal by the State and three others is directed against order, dated 11.06.2014, made in W.P.(MD)No.907 of 2014.
3.The first respondent/writ petitioner filed the abovesaid Writ Petition challenging the order passed by the fourth appellant herein, dated 10.05.2011 and to direct the appellants 3 and 4 to approve the first respondent's appointment with effect from 06.08.2010 instead of 01.12.2010 and to pay all the benefits.
4.The problem arose on account of the fact that the first respondent/writ petitioner was appointed as B.T. Assistant in Science in a vacancy, which was caused on account of retirement of previous teacher, who was working as B.T. Assistant [History]. Since the Management did not seek for conversion of the post and the conversion was subsequently, approved by Department on 01.12.2010, the appellants granted approval of the appointment of the first respondent with effect from the said date. The first respondent sought for approval of her appointment with effect from 06.08.2010, the date on which, she joined duty. Since the same was negatived, the first respondent was before the Writ Court.
5.The Writ Court taking into consideration the factual situation, the approval granted for conversion on 01.12.2010 and the decision of the Hon'ble Division Bench of this Court in C.Wilson Sundar Raj Vs. Director of School Education reported in 2012 (3) MLJ 678, allowed the Writ Petition.
https://hcservices.ecourts.gov.in/hcservices/ 6.The fact that there was a need for B.T. Assistant [Science] has not been disputed by the Department and this is evident from the fact that conversion was approved with effect from 01.12.2010.
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In such circumstances, there is no error in the order passed by the Writ Court in directing the approval of the appointment with effect from 06.08.2010 after taking note of the decision of the Hon'ble Division Bench of this Court in C.Wilson Sundar Raj's case [supra]. Thus, we find no grounds to interfere with the impugned order. Hence, this Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/-
Assistant Registrar()
/True Copy/
Sub Assistant Registrar
To
JUDGMENT MADE IN W.A.(MD)No.1406 of 2014 26.04.2017
SDS/JC/SAR 3/11.05.2017/3P/7C
2 issues framed by the court
Whether the Writ Court erred in directing approval of appointment with effect from date of joining duty despite departmental approval date.
Whether there are grounds to interfere with the lower court order allowing appointment backdating.
Colour shows how this judgement treated each authority
C.Wilson Sundar Raj Vs. Director of School EducationRelied on¶22
C.Wilson Sundar Raj Vs. Director of School Education 2012 (3) MLJ 678
The State of Tamil Nadu
K.Jayasanthi
The Correspondent, S.C.M.S. Girls Higher Secondary School
T.S.SIVAGNANAM
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
