Dismissed

The Director of School Education v. S.Antonysamy

Madras HC7 Dec 2018WA/2633/2018

Case brief

AI extract

What is this about?

This Writ Appeal challenged a Single Judge's order quashing a rejection of a petitioner's appointment as Agricultural Instructor. The Court held the appointment was valid as the vacancy predated the statutory bar introduced by a relevant Government Order.

What did the court decide?

The writ appeal was dismissed; the connected Civil Miscellaneous Petition is closed. The appointment stands confirmed.

The Director of School Education Vs… — Pension and Retirement Benefits | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.12.2018

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CORAM:

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THE HON'BLE MR.JUSTICE S.MANIKUMAR AND

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THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD

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W.A.No.2633 of 2018
and
CMP No.21417 of 2018
1. The Director of School Education,
Chennai - 6.
2. The District Educational Officer,
Udayarpalayam,
Perambalur District.
3. The Correspondent,
Don Bosco Higher Secondary School,
Varadharajanpet - 621 805,
Perambalur District. ... Appellants
Vs.
S.Antonysamy ... Respondent

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Writ Appeal filed under Clause 15 of the Letters Patent against the Order

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dated 08.08.2017 made in W.P.No.7263 of 2004.

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For Appellants : Mr.C.Munusamy Spl. Govt. Pleader (Education) For Respondent : Mr.P.Ganesan for M/s.C.S.Associates.

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http://www.judis.nic.in

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J U D G E M E N T

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(Order of the Court was delivered by SUBRAMONIUM PRASAD , J)

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The instant Writ Appeal is directed against the order dated 08.08.2017 passed in W.P.No.7263 of 2004, by which the learned Single Judge has quashed

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the order passed by the District Educational Officer, Udayarpalayam, Perambalur District, in his proceedings in O.Mu.No.947/A1/2003 dated 31.05.2003 and has directed the appellants to approve the name of the writ petitioner (respondent herein) as Agricultural Instructor and offer him all consequential benefits.

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The case of the writ petitioner (respondent herein) is that he passed

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SSLC in the year 1973 and was appointed as Noon Meal Organiser on 26.11.1984. Post of Agricultural Instructor became vacant in Don Bosco Higher Secondary School, Varadharajanpet, Perambalur District, due to the retirement of the officer, who was holding the post. In the vacancy report, the writ petitioner (respondent herein) was appointed as Agricultural Instructor on 14.08.2000. His papers were forwarded for approval, but the application was returned on the ground that no prior permission was obtained from the higher authorities to fill up the post.

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Permission was obtained by the School, from the Chief Educational http://www.judis.nic.in Officer, Perambalur to fill up the vacancy for the post of Agricultural Inspector.

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Pursuant to the order of the Chief Educational Officer, Perambalur, permitting to fill up the vacancy, the writ petitioner was appointed on 04.10.2000. The papers were onceagain forwarded to the Government for approval, but the same was returned again, on the ground that the writ petitioner (respondent herein) had not resigned the previous post of Noon Meal Organiser.

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The writ petitioner (respondent herein) immediately resigned the post of Noon Meal Organiser on 04.04.2002 and the same was accepted by the District Collector on 22.01.2003. The Block Development Officer, Andimadam on 27.01.2003, relieved the writ petitioner (respondent herein) from the post of Noon Meal Organiser. Appointment order was issued on 28.01.2003 to the writ petitioner (respondent herein) and papers were forwarded for the third time to the District Educational Officer, Udayarpalayam, Perambalur for approval and clearance.

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The approval was rejected for the third time on the ground that on

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12.07.2002, G.O.Ms.No.104 School Education Department has been passed, under which one cannot be appointed as Agricultural Inspector. It is this order of rejection dated 31.05.2003, which was challenged in W.P.No. 7263 of 2004.

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The learned Single Judge, by the judgment impugned herein allowed the writ petition, setting aside the order dated 31.05.2003. The learned Single

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Judge further directed the respondents/appellants to pass appropriate orders

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approving the writ petitioner's (respondent herein) appointment from 28.01.2003 and give all service and monetary benefits. The Director of School Education and others have preferred the instant writ appeal.

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The learned Special Government Pleader, appearing for the appellants

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1 and 3 would contend that the Government has passed G.O.Ms.No.104 School

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Education Department, dated 12.07.2002 and the relevant portion of the

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Government Order reads as under.

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"6/ MH;e;j ghprPyidf;Fg; gpd;du; fPH;fz;lthW muR Mizaplg;gLfpd;wJ/

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1/ muRg;gs;spfspYs;s ijay; kw;Wk; ,ir Mrphpau; gzpapl';fis epug;gpf;bfhs;tjw;fhd jilia ePf;fp btspaplg;gl;l murhiz (epiy) vz;/132. gs;spf;fy;tp. ehs; 27/4/98 muR cjtp bgWk; gs;spfSf;Fk; ,t;turhiz btspapLk; ehs;Kjy; ePl;of;fg;gLfpwJ/

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2/ murhiz epiy vz;/132, gs;spf;fy;tp ehs; 27/4/98I cjtp bgWk; gs;spfSf;Fk; Miz btspapLk; ehs; Kjy; ePl;of;f ntYk; ,dk; (1)y; Mizaplg;gl;Ls;sjhy;. ,e;j Miz btspaplg;gLk; ehSf;F Kd;djhf muR cjtp bgWk; gs;spfspy; Vw;gl;l midj;J ifj; bjhHpy; Mrphpau; fhypg; gzpapl';fisa[k; chpa tpjpKiwfisg; gd;gw;wp chpa mYtyiu epug;gpf; bfhs;tjw;Fk; muR mDkjp mspf;fpwJ/ Mdhy; mt;thW epug;g[k; nghJ ,t;turhiz btspaplg;gl;l ehSf;F gpd;du; ijay; kw;Wk; ,ir Mrphpau; gzpapl';fis kl;Lk; jhd; epug;gpf; bfhs;syhk; vdt[k; bjspt[iu tH';fg;gLfpwJ/

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3/ muR cjtpbgWk; gs;spfspy; cs;s. Vw;fdnt murhy; mDkjpf;fg;gl;l ifj; bjhHpyhrphpau; gzpapl';fspy; epakdk; bra;ag;gl;l midj;J ifj;

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http://www.judis.nic.in

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bjhHpyhrphpau; epakd';fisa[k; mit tpjpfspd;go bra;ag;gl;oUg;gpd; epakd ehs; Kjy; mtw;wpf;F chpamYtyy; xg;g[jy; mspf;f mDkjp tH';fg;gLfpwJ/

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4/ ,ju khepyj;jpy; bjhHpyhrphpau; gapw;rp bgw;W rhd;wpjH;fs; kWkjpg;gPL bra;ag;glhjjhy; epakdk; Vw;gtpf;fg;glhky; epYitapy; cs;s nju;t[fs; bjhlu;ghf gs;spf;fy;tp ,af;Fdhpd; ftdk; murhid (epiy) vz;/62 gs;spf; fy;tp (11) Jiw. ehs; 16/5/2002f;F <u;f;fg;gLfpwJ/

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5/ muR cjtp bgWk; gs;spfspy; Vw;fdnt mDkjpf;fg;gl;l ifj; bjhHpy; Mrphpau; gzpapl';fspy; ,t;turhiz btspalg;gLk; ehs; tiu gzpapl khw;wk; nfhhp epakdk; bra;ag;gl;L Vw;gspf;f glhkYs;s rpwg;ghrphpau; gzpapl';fisa[k; ,t;turhiz btspaplg;gl;l ehSf;Fg; gpd;du; ijay; kw;Wk; ,irahrphpau; gzpapl';fisa[k; gs;spapd; njitf;nfw;gt[k; jFjpapd; mog;gilapYk; gzpapl khw;wk; bra;J bfhs;s mDkjpf;f gs;spf; fy;tp ,af;FdUf;F mjpfhuk; tH';fg;gLfpwJ/"

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Translated version of the above, is as follows:

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" 6. After deep examination, Government order is issued as follows:

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To fill up the Tailoring and Music teachers in Govt. schools the G.O.Ms.No.132, School Education dt. 27.4.98 which is issued to lift the Ban viz., G.O. Ms.No.132, School Education dt. 27.4.98 is extended to Govt. Aided Schools also from the date of issue of this Govt. Order.

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G.O.Ms.No.132 to extend from the date of issue of the

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order to Aided schools also, since Ref(1) order issued before the date of issue of this order, all Handicraft teacher vacant posts that fell vacant in Govt. Aided schools also, following due rules be filled, Government so permit. But, while filling up thus, after the date of this order, Tailoring and Music teacher posts only may be filled up, it is clarified so.

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In Govt. Aided schools, Handicraft teacher posts already sanctioned by Government, if sanctioned as per Govt. rules, from the date of appointment approval may be given, permission so granted.

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Handicraft teachers Training certificates given in other States, equivalency certificates not given, regarding necessary Tests attention is invited from the Director of School Education to G.O.Ms.No.62, School Education (11) dt. 16.05.2005.

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In Govt. Aided Schools, already sanctioned Hindi craft teachers posts, till the date of issue of this Govt. Order, for which post Transfer made, pending sanction vocational teachers also, after the date of issue of this order, Tailoring and Music teacher posts may be done post Transfer, on school needs and merit. The Director of School Education is hereby given powers."

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Learned Special Government Pleader would therefore submit that the

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writ petitioner (respondent herein) cannot be appointed as an Agricultural Instructor and that the learned Single Judge was therefore not correct in allowing the writ petition.

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On the other hand, learned counsel for the writ petitioner (respondent herein) would contend that clarifying G.O.Ms.No.104 School Education Department, dated 12.07.2002, Government has passed G.O.Ms.No.39, School Education (D1) Department, dated 21.03.2003, by which the writ petitioner

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http://www.judis.nic.in

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(respondent herein) could have been appointed as an Agricultural Instructor.

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Heard the learned Special Government Pleader, appearing for the

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appellants and learned counsel for the writ petitioner (respondent herein) and perused the records.

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The writ petitioner (respondent herein) was appointed for the first

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time as Agricultural Instructor on 14.08.2000 in the 3rd appellant School. This would mean that the post of Agricultural Inspector was lying vacant in the school. Material on record shows that the vacancy arose because, the person who was holding the post had retired. The writ petitioner (respondent herein) was appointed in his vacancy. The appointment was not approved only because the permission from the authorities was not obtained, by the School. After this defect was removed, the writ petitioner's name was once again forwarded and

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on the second occasion, it was rejected on the ground that the writ petitioner (respondent herein) had not resigned his post as Noon Meal Organiser, he could

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not be appointed. Writ petitioner's name was sent for the third time on 28.01.2003, when the impugned order was passed.

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A perusal of the facts would show that on the first occasion, when

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the writ petitioner's name was sent, a vacancy was there and writ petitioner (respondent herein) could have been appointed as Agricultural Inspector.

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However, by the time the writ petitioner's name was sent for the third time, G.O.Ms.No.104 School Education Department, dated 12.07.2002 had been passed and the writ petitioner (respondent herein) could not be appointed as Agricultural Inspector.

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As rightly contended by the learned counsel for the writ petitioner (respondent herein), G.O.Ms.No.104 School Education Department, dated 12.07.2002 was clarified by G.O.Ms.No.39, School Education (D1) Department, dated 21.03.2003. The relevant portion of the said Government Order reads as under.

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"3/ 11/7/2002 Koa bra;ag;gl;Ls;s midj;J tifj;

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ifj;bjhHpyhrphpau; epakd';fisa[k; (tptrhak; kuntiy. bert[. ijay; ,ir nghd;wit) mit mDkjpf;fg;gl;l epue;jg; gzpapl';fspy; tpjpKiwfspd;go bra;ag;gl;oUg;gpd; mtw;wpw;F chpa mYtyu; xg;g[jy; tH';f mDkjpf;fg;gLfpwJ/

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4/ 11/7/2002 Koa fhypahf ,Ue;j midj;J tif (tptrhak;. kuntiy. bert[. ijay; ,ir nghd;wit) ifj; bjhHpyhrphpau; gzpapl';fisa[k; chpa tpjpKiwfisg; gpd;gw;wp epug;gpf; bfhs;s mDkjp tH';fg;gLfpwJ/

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5/ 12/7/2002 Kjy; ijay; kw;Wk; ,irahrphpau; gzpapl';;fis kl;Lnk epug;gpf;bfhs;s mDkjp tH';fg;gLfpwJ/ 12/7/2002 Kjy; ntbwe;j tif rpwg;ghrphpau; - ifj; bjhHpyhrphpau; fhypg; gzpapl';fisa[k; epug;gf;TlhJ vdj; bjhptpf;fg;gLfpwJ/

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6/ 11/7/2002 tiu bra;ag;gl;l epakd';fspy; gzpapl khw;wk; nfhhp epakdk; bra;ag;gl;L Vw;gtpf;fg;glhkYk; midj;J tif (tptrhak;) kuntiy. bert[. ijay; ,ir nghd;witfisj; bjhHpyhsrphpau; epakd';fisa[k; mit

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http://www.judis.nic.in

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gs;spfspd; njit kw;Wk; gFjpapy; mog;gilapy; tpjpfspd;go bra;ag;gl;oUg;gpd; mtw;wpf;F chpa mYtyu; xg;g[jy; tH';f mDkjp mspf;fg;gLfpwJ/"

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Translated version of the above, is as follows:

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"3. All categories of Handicraft teacher posts (Agriculture, Wood work weaving, Tailoring, Music etc.) which are sanctioned permanent posts as per rules, for those posts, concerned authority can give approval, it is so permitted.

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All category of post which were vacant till 11.7.2002 inclusive (Agriculture, woodwork, weaving, tailoring, music etc.) Handicraft teacher posts may be filled up following the due guidelines, it is so permitted.

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Vacancies arising after 12.07.2002 Tailoring and Music teacher posts alone can be filled up. From 12.7.2002, no other vacancy Handicraft teacher vacant posts should not be filled up.

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Appointments made till 11.7.2002 (inclusive), if Post Transfer requested and approved, all category teachers (agriculture, wood work, weaving, Tailoring, Music, Handicraft teachers appointments the schools need and basis are made according to rules, for these posts concerned officer may give approval, it is so permitted."

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A perusal of G.O.Ms.No.39, School Education (D1) Department, dated

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21.03.2003 would show that the Government had taken a decision that all the

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posts which were vacant till 11.07.2002, which would include Agricultural Inspector, were permitted to be filled up, following the due guidelines. The

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bar of appointing a person as Agricultural Inspector etc., would be applicable

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only to vacancies which arose after 12.07.2002.

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The writ petitioner (respondent herein) has been appointed against

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the vacancy, which arose in 2000 itself. G.O.Ms.No.104 School Education
Department, dated 12.07.2002 , as clarified by G.O.Ms.No.39, School Education
(D1) Department, dated 21.03.2003, cannot be invoked. The order of the
learned Single Judge does not call for interference. Hence, instant Writ Appeal
is dismissed. No Costs. Consequently, the connected Civil Miscellaneous
Petition is closed.
[S.M.K., J.] [S.P., J.]
07.12.2018
Index : Yes/No.
Internet : Yes
Speaking/Non-speaking order
ars

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S. MANIKUMAR, J. AND SUBRAMONIUM PRASAD, J.

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ars

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W.A.No.2633 of 2018
and
CMP No.21417 of 2018

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07.12.2018

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http://www.judis.nic.in

The Director of School Education v. S.Antonysamy

Case brief

What is this about?

What did the court decide?

The Director of School Education v. S.Antonysamy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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