The Director of Elementary v. J. Revathi
Case brief
What is this about?
The High Court examined an appeal against a Writ Petition approving a teacher's appointment in a private school. The court held that a previous court order granting permission to fill two vacancies remains valid for filling a vacancy caused by the resignation of the initial appointee within the order's scope. The appeal was allowed in part, and the appointment was approved with benefits from a spe
What did the court decide?
The Department of Elementary Education is directed to approve the appointment effective from February 1, 2018, though salary and pensionary benefits commence from the date of approval.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE Ms.JUSTICE P.T.ASHA
W.A.No.1771 OF 2018
1 THE DIRECTOR OF ELEMENTARY
EDUCATION COLLEGE ROAD
CHENNAI.
2 THE DISTRICT ELEMENTARY
EDUCATION OFFICER COLLEGE ROAD CHENNAI.
3 THE ASSISTANT ELEMENTARY
EDUCATION OFFICER ROYAPURAM UNION NO.11
DAVIDSON STREET CHENNAI. ... appellants
vs
1 J. REVATHI
2 THE SECRETARY
B. SUBBRAYAN MIDDLE SCHOOL MOOLAKOTHALAM
BASIN BRIDGE CHENNAI. ... respondents
Appeal filed to set aside the order dated 03.01.2018 made in
Writ Petition No.34244 of 2017.
Prayer in Writ Petition No.34244 of 2017: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the entire records connected with the impugned order passed by the 2nd respondent vide O.Mu.No.782/Aa2/2015 dated 22.05.2015 and consequential order of the 3rd respondent in Na.Ka.No.25/2016 dated 29.02.2016 and quash the same and consequently direct the respondents to approve the appointment of the petitioner as Secondary Grade Teacher in the 4th respondent school w.e.f. 09.02.2015, with all consequential monetary benefits.
For appellants : Mr.C.Munusamy, Spl.G.P. For Respondents : Mr.T.Sellapandian, for R-2 Mr.S.N.Ravichandran for R-1
Issues for consideration
3 issues framed by the court
Whether a prior permission granted by the High Court for filling two teacher vacancies holds good for appointing a replacement teacher after the initial appointee resigned.
Whether an appointment made pursuant to a judicially sanctioned vacancy requires fresh government permission under Rule 15(4)(iv)(c) when the vacancy arose from a resignation within the order period.
Whether the salary and pensionary benefits of a teacher appointed based on judicial directions should be calculated from the date of appointment or the date of government approval.
Parties & counsel
- appellant
The Director of Elementary Education, College Road, Chennai
- appellant
The District Elementary Education Officer, College Road, Chennai
- appellant
The Assistant Elementary Education Officer, Royapuram
- respondent
J. Revathi
- respondent
The Secretary, B. Subbrayan Middle School
Case details
As recorded by the court registry
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