This writ petition sought appointment approval and salary arrears for a Junior Assistant. The Court held that since the post was sanctioned after the appointment ban was lifted, the petition is disposed of as the petitioner has no grievance regarding the delay in approval caused by the ban.
Petition disposed of; no costs awarded.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2017
CORAM : THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.12924 of 2014
P.Alpohonsal, Wife of Deva Kumar, Junior Assistant, St.Joseph Higher Secondary School, Vizhunthayampalam, Kanyakumari District.
... Petitioner
vs.
1)The State of Tamil Nadu, Rep by the Secretary to Government, School Education, Secretariat, Chennai-600 009.
2)The Director of School Education, College Road, Chennai-600 006.
4.The District Educational Officer, Kuzhithurai, Kanyakumari District.
5.The Correspondent, St.Joseph Higher Secondary School, Vizhunthayampalam, Kanyakumari District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to approve the appointment of the Petitioner herein in the post of Junior Assistant w.e.f. 3.3.2008 and to pay the arrears of salary with all other attendant benefits to the Petitioner for the period from 3.3.2008 to 1.6.2009.
For Petitioner : M/s.D.Anbarasu For R1 to R4 : Mr.A.K.Baskarapandian Special Govt.Pleader For R5 : No appearance
ORDER
This writ petition has been filed, for issuance of a Writ of Mandamus directing the respondents 1 to 4 to approve the appointment of the Petitioner herein in the post of Junior Assistant w.e.f. 3.3.2008 and to pay the arrears of salary with all other attendant benefits to the Petitioner for the period from 3.3.2008 to 1.6.2009.
https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.
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3.As far as the Petitioner's appointment was approved as early as in the year 2009 and even though the Petitioner has been appointed in the year 2008, the Petitioner has approached this Court after a delay of five years.
4.On perusal of the Counter affidavit, it is seen that the Petitioner was appointed as Junior Assistant on 2.5.2008 in the sanctioned post by the second respondent Office, on account of retirement of one Gopalan. There was a ban for appointment of nonteaching Staffs which has been lifted on 7.2.2016, based on G.O.No.189, dated 29.7.2009 and thereafter the schools were directed to fill up the vacancies w.e.f. 1.6.2009. On account of the ban, the Petitioner will not be able to claim the salary from 3.3.2008 to 21.5.2009 and thereafter liable for salary from 1.6.2009.After the ban was lifted, the post of the Petitioner has been approved. Even though the Petitioner was appointed during the ban period, taking note of the service rendered by the Petitioner, her post was approved after lifting of ban imposed by the State Government. Therefore the Petitioner cannot have any grievance over the same. As otherwise, the appointment w.e.f the year 2008 itself is illegal.
5.Since the Petitioner's post has been sanctioned by the authorities concerned, after the lifting of ban period by the State Government, this Writ Petition stands disposed Of. No costs.
Sd/-
Assistant Registrar(Co)
/True Copy/
Sub Assistant Registrar
To
1)The State of Tamil Nadu, Rep by the Secretary to Government, School Education,
Secretariat, Chennai-600 009.
Vsn
AE/CM MSA/31.01.2017/2p/5c
W.P(MD)No.12924 of 2014
03.01.2017
1 issue framed by the court
Whether a writ petition for approval of appointment and payment of salary arrears during a period when appointments were banned should be disposed of if the post is sanctioned after the ban is lifted.
P. Alpohonsal
The State of Tamil Nadu, Rep by the Secretary to Government, School Education
The Director of School Education
The Chief Educational Officer, Nagercoil
The District Educational Officer, Kuzhithurai
The Correspondent, St. Joseph Higher Secondary School
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
