Dismissed

State of Tamilnadu v. P.Rammesh

Madras HC23 Jan 2019WA/2445/2018

Case brief

AI extract

What is this about?

A vocational instructor sought approval of appointment and time-scale pay. The court held that his post was sanctioned, he was fully qualified, and he was eligible for time-scale pay from issuance of G.O.Ms.No.35. It dismissed the State's appeal and directed compliance with the Single Judge's directions within six weeks.

What did the court decide?

Compliance with the Single Judge's directions ordered within six weeks from receipt of a copy of the judgment.

State of Tamilnadu Vs P.Rammesh — Service and Employment | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.01.2019 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.2445 of 2018

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and

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C.M.P. No.19726 of 2018

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1.State of Tamil Nadu Rep. by the Secretary to Government, Education Department, Fort St. George, Chennai - 600 009. 2.Director of School Education, DPI Compound, College Road, Chennai - 600 006. 3.Joint Director of School Education, (Vocational) DPI Compound, College Road, Chennai - 600 006. 4.The Chief Educational Officer, Saidapet, Chennai - 600 015. ... Appellants/Respondents Vs. 1.P.Rammesh 2.The Secretary/Correspondent, P.A.K.Palanisamy Higher Secondary School, No.1, P.A.N.Rajarathinam Salai, 4th Lane, Old Washermanpet, Chennai - 600 021. ... Respondents/Respondents

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PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent, against the order made in W.P.No.18452 of 2012, dated 07.04.2017.

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For Appellants : Mr.K.Karthikeyan Government Advocate. For R1 : Mr.R.C.Manoharan For R2 : No Appearance

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https://hcservices.ecourts.gov.in/hcservices/

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JUDGMENT

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

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Aggrieved by the order dated 07.04.2017 made in W.P.No.18452 of 2012, allowing the writ petition, filed for a writ of mandamus directing the respondents 1 to 3 therein, to consider the representation of the writ petitioner dated 09.04.2007 with reference to representations dated 04.08.2008, 23.05.2008, 02.08.2011 and 29.03.2012 and to pass orders thereon approving the appointment of the writ petitioner as Vocational Instructor Grade I, with effect from 09.02.2007 being the date of G.O.Ms.No.35, with all monetary and other attendant benefits thereon, State of Tamil Nadu has come up by filing the instant writ appeal.

¶14

The writ petitioner/first respondent completed B.B.A., PGDCA. He was appointed by an order dated 08.10.1997 by the Secretary/Correspondent, PAK Palanisamy Higher Secondary School, Chennai/second respondent herein, as a Full Time Teacher/Instructor for teaching vocational subject, i.e., Computer Science. Computer Science group was permitted for the school by the Chief Educational Officer, Saidapet, Chennai/fourth appellant herein, by proceedings in R.C.No.15182/A5/86, dated 13.08.1986. Government passed G.O.Ms.No.35 dated 09.02.2007 which read as under:-

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“ABSTRACT

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Higher Secondary Education – Technical Education – those part time teachers having full qualification, to appoint them in the vacant post on the priority basis – order issued.

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School Education (VE) Department G.O.Ms.No.35 Date: 09.02.2007

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Read

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Letter by the Director School Education No. 101568/W26/04, dated 08.09.2006 and 13.12.2006.

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It is notified that “during the subsidy sessions of Academic year of 2006-2007 of School Education Department, it was announced that “ in the Higher Secondary Schools of Government and Aided School, by the Parent Teachers Association / Management having been appointed as part time Vocational Teacher on temporary basis, those 213 teachers having secured full educational

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https://hcservices.ecourts.gov.in/hcservices/

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qualification being appointed and serving in the said post to be absorbed in the vacant post by the permission granted by the Government to bring their appointment under regular time scale of pay on priority basis, the Hon'ble Chief Minister has issued order in this regard.”

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2.In this connection, the Director of School Education has given his proposal in the following manner:-

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(i) those 12 part time Vocational Teachers who are not fully qualified, on granting them short term training, that having qualified in the said training on 08.12.1999 they shall be absorbed as Technical Education Teacher Grade-II, in this regard vide G.O.No.46, School Education, dated 12.09.2006 an order was issued.

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(ii) Now at the Government and Aided Schools 117 first grade posts and 84 second grade posts are lying vacant, in the 117 posts the second grade employees are promoted as first grade employees and while appointing them there would exist vacancies of 201 post to second grade.

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(iii) the 622 part time Vocational Education Teacher who have been receiving their pay through Parent Teachers Association, are serving in the post in which government has not granted permission. All of them have secured full educational qualification of Technical Educational Instructor. Among them before 20.09.1998 having been appointed as Full Time Technical Instructor, after 20.09.1998 those 44 part time Technical Instructors and which includes two other technical Instructors who have served continuously in various schools.

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3.In 201 vacant posts as mentioned in Para 2(II) supra, those fully qualified part time Technical Instructors to placed in the grade-II an be appointed in the pay scale equivalent to Rs.4500-125-6000, which has been proposed by the Director of School Education.

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4.The Government on considering the above said proposal by the Director of School Education, those 201 temporary part time Technical Instructors, who is to be appointed have not been sponsored through Employment Officer, they have been appointed through Parent – Teachers Association and have been serving, therefore there is no possibility of following Communal Rotary System. As mentioned in G.O.(Ms)No. 790 Labourer and Employment Department dated 05.07.1971, even though they have been fully qualified, as they have been appointed after 05.07.1971, on granting relaxation to this order, as per the letter of Director of School Education in No.101568/W26/04 dated 13.12.2006 with enclosure of 201 fully qualified part time Technical Instructors, those 201 technical Instructors are to be placed in the second grade, in the pay scale of Rs.4500-125-6000, to appoint

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https://hcservices.ecourts.gov.in/hcservices/

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them on the priority basis, permission is granted to the Director of School Education.

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5.This order is issued with the consent of Finance Department vide U.O.No.35/SS(DrKSG)/2007 dated 09.02.2007. //BY ORDER OF THE GOVERNOR//

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M.Kutralingam Secretary to Government”

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Government have issued G.O.(Ms) No.69, School Education Department, dated 20.03.2007, regularising the services of Technical Education Teachers Grade II, and the order reads as hereunder:-

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Abstract

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School Education - Higher Secondary education - Technical education - Writ Petitions Nos.9780/95 and 14027/96 orders - 1049 Grade II Technical education teachers in the pay scale of Secondary grade teacher to upgrade as Grade - I Technical education teachers in the pay scale of Secondary grade teacher - order - issued.

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----------------------------------------------------------------------SCHOOL EDUCATION DEPARTMENT G.O.(Ms) No.69 Date : 20.3.2007 Read

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G.O.(Ms) No.834, Education, dated 23.9.94.

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Order made in Writ petitions in W.P.No.9780/95 and 14027/96 dated 8.7.2004 made by the High Court, Madras.

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----------With reference to 1st read above in the Government Order, in the pay scale of BT Teachers 1387 supernumarary post was created and along them to the fully qualified One Part time and tow part time technical educational instructors, on granting priority to the fully qualified and appoint them and the remaining fully qualified teachers as one Part time Technical education Teachers as on 16.10.1992 or thereafter the fully qualified two Part time Technical educational Instructors, it was order to appoint them in the vacancy existing in the post of Secondary Grade Teachers.

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Among the one part time Technical Educational Instructor, some of them are serving as two part time instructors, they have claimed to grant the pay scale of BT Teachers to them and filed writ petitions before the Hon'ble High Court in W.P.Nos.9780/95 and 14027/96. The Hon'ble Court having heard, by its order dated 8.7.2004 has observed in the following manner:-

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i) The unqualified Technical Educational Instructor appointed in the pay scale of Secondary grade Teacher, as per G.O.(Ms) No.834, dated 23.09.1994 the pay scale to trained BT Teachers in the post of Secondary grade teacher to be considered from the date of regularization of the service. Their seniority to be calculated in the similar manner from the date of regularization of their service.

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ii) The seniority of the One Part time or two Part time instructors to be calculated from the date of joining the service.

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iii) The notional Pay increment to be calculated from date of intended regularization.

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iv) However for the reasons for granting the Time Scale of pay and notional Pay increments in this aspect arrears cannot be granted. The Notional Pay increment granted to those on considering them, the Pay scale in the post of BT Teachers, should be paid from the date of order made by the High Court.

¶46

As per the direction mentioned in the order of the High Court, in enforcing the said order proposal of the Director of School Education was sought for. The Director of School Education in his letter, had stated that 1071 posts of Technical Instructors in Grade 2 to be upgraded as Grade - 1 and to appointment to be made, and as per the order of the High Court dated 8.7.2004, the above said 1071 Technical educational Instructors from 8.7.2004 onwards can be permitted at the Pay scale of BT Teachers.

¶47

The proposal of the Director of School Education the government has carefully considered at eh 1071 grade - 2 posts excluding 22 vacant posts the 1049, Grade - 2, serving as Technical Educational Instructors, as per the order of High Court, the Government has considered to allow the 1049 serving in the pay scale of Secondary Grade Teachers the technical educational instructors grade - II posts alone is upgraded as Technical educational Instructor grade - I in the pay scale of BT Teachers and to them as per the order dated 8.7.2004 as direction made by the Hon'ble High Court from the date of regularisation of their service the notional pay increment to be calculated, and to disburse the monetary benefits from the date of order dated 8.7.2004 the Government issues order.

¶48

This order is issued with the consent of Finance Department vide unofficial order No.101/JS TM/EdnII/07 dated 20.3.2007.

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// BY ORDER OF THE GOVERNOR//

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M.Kutralingam

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https://hcservices.ecourts.gov.in/hcservices/

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Secy to Govt.

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Vide proceedings in Na.Ka.No.2680/Aa4/2009, dated 13.04.2009, the Chief Educational Officer, Saidapet, Chennai, sought for particulars regarding the appointment of the writ petitioner. They were furnished by the School on 23.05.2009. The writ petitioner's service has yet not been regularized/approved.

¶54

The writ petitioner has given several representations dated 09.04.2007, 04.08.2008, 25.03.2008, 02.08.2011 and 21.03.2011, for approving his appointment as Vocational Instructor Grade-1 with effect from 09.02.2007 being the date of G.O.Ms.No.35. Since the representations were not considered, writ petition has been filed, for the relief stated supra.

¶55

A learned Single Judge, by order dated 07.04.2017 in W.P.No.18452 of 2012, disposed of the writ petition, by directing the respondents 1 to 4 therein, to apply G.O.Ms.Nos.35 and 69 of the 1st respondent therein, dated 09.02.2007, to the claim made by the writ petitioner and also to take note of the proceedings of the 4th respondent therein dated 13.04.2009 and the response of the 5th respondent therein dated 23.05.2009, and pass appropriate orders, in the light of the observations made in the writ petition, as expeditiously as possible and not later than twelve weeks from the date of receipt of a copy of the order and communicate the decision taken to the writ petitioner as well as to the 5th respondent therein/School.

¶56

The State Government have challenged the said order, by filing the instant writ appeal.

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Heard the learned counsel for the parties and perused the materials available on record.

¶58

It is the contention of the State Government, that as per G.O.(Ms).No.35, School Education (VE) Department, Chennai, dated 09.02.2007, the name of the writ petitioner/first respondent, was not considered for regularisation/approval as he was appointed in a non-sanctioned post. According to them, the first respondent is not qualified to hold the post of the Vocational Instructor. Though appointment is said to have been made in 1997, school has sent the proposal only in 2012.

¶59

On the other hand, the learned counsel for the first respondent would contend that similarly placed persons have been given the same benefit, and referred to orders of this Court in W.P.Nos.20641 of 2008 etc batch, dated 29.08.2008, filed by one V.Sathivel Pandian and others, and the proceedings in R.C.No.101568/V1/E1/2004, dated 11.02.2009, issued to the teacher Mr.V.Sakthivel Pandian, appointed on 02.12.1996, in Sir.M.C.Muthaiya Chettiar Boys Higher Secondary School, Chennai, which reads thus:-

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https://hcservices.ecourts.gov.in/hcservices/

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"PROCEEDINGS OF THE TAMIL NADU SCHOOL EDUCATION JOINT DIRECTOR (VOCATIONAL) CHENNAI- 600 006. Na.Ka. No.101568/V1/E1/2004 Dated. 11.02.2009

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Sub : Higher Secondary Education - Vocational - Appointment - Government / Corporation / Government Aided School - Working in Fully Educationally Qualified Vocational Teacher - Regularised Pay Scale for Grade I dated I dated 09.02.2007 - issuing of Appointment Order - Regarding.

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Ref: 1. Government G.O.Ms.35 of Education Department (Vocational Education dated. 09.02.2007.

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Government Letter No.26809/VE/2008 dated. 21.01.2009

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Government Letter No.10380/VE/2007 dated.

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04.05.2007

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With reference to the Government Order and Letter cited Government / Corporation / Government Aided Schools and Teachers who are appointed by the Teachers Parents Association and working continuously preference has to be give them from the date of appointment and approved from 09.02.2007 and orders of appointments is issued as Vocational Instructor Grade I Order Issued.

¶68

As per the annexure and for the Teacher mentioned in column 2 the post mentioned in Column 5 is issued.

¶69

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https://hcservices.ecourts.gov.in/hcservices/

¶71

SI Name of the The Date Government Full Time Post
.N Teacher and of G.O. No.35 Orders of
o. School in Appointmen Education Appointment
which he is t and Department Government
serving Group for dated. Orders Date and
which 09.02.2007 and Details
the Government
appointmen Letter in No.
t made 10380/VE/2007-
by the 1
Teachers Dated.04.05.20
Parents 07 and Full
Associatio time
n Regularising
from
04.05.2007
1 Thiru. 02.12.1996 09.02.2007 to Permission of
V.Sakthivel Computer Appointment as
Pandian, Teacher per the
Sri.M.C.Mut Government Order
haiya No.834/Edu/Dated
Chettiyar :23.09.1994
Boys Higher After retirement
Secondary of
School, Mr.G.Janardanan,
-
Chennai Vocational
600 084. Teacher, Grade I
on 21.02.2003
from
Kanniyalampatti
Government
Higher Secondary
School, Karur
District, has
been returned to
the Department
and Government
Order
(Education)
No.69 dated
20.03.2007
Scale Pay 5500-
175-9000
The above Vocational Teacher Grade I is appointed
as per the Vocation Teacher Government Order ( Ms )
No.35 dated. 09.02.2007 and Government Letter
No.10380/VE/07-1 dated. 04.05.2007 in the same school
as Full Time Vocation Teacher Grade I in the Scale of
pay Rs.5500-175-9000 and the School Secretary is

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¶73

directed to get approval from the Chief Education Officer.

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The Head Master is instructed to enter this necessary details of this appointment as Vocational Teacher Grade I in the Scale Register maintained by the School.

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Further the said Teacher is eligible for Contributory Pension Scheme.

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All the Certificates pertaining to the above Vocational Teacher has to be verified and to be approved and all the Other State Certificates are valued by the concern officers and then only the Salary will permitted to be paid.

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The Chief Education Officer has to enter the above Employment of the Full time Vocational Teacher Grade I in the Employment Register maintained at the Office of the Chief Education Officer without fail.

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Sd/Joint Director (Vocational)"

¶79

Similar appointment order dated 06.03.2012, has been issued to one T.E.Ramesh, Vocational Instructor, is reproduced:-

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"PROCEEDINGS OF THE TAMIL NADU SCHOOL EDUCATION JOINT DIRECTOR (VOCATIONAL) CHENNAI- 600 006.

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Na.Ka. No.101568/Vl/El/2004 Dated. 06.03.2012

¶82

Sub : Higher Secondary Education - Vocational - Appointment - Government Aided School- Pachaiyappan Higher Secondary School, Kancheepuram District. Mr.T.E.Ramesh appointed by the Parents Teachers Association- Regulaised Pay Scale for Grade I dated. 09.02.0007 - issuing of Appointment Order - Regarding. Ref: 1. Government G.O.Ms. 3 5 of Eduation Department (Vocational Education dated. 09.02.2007.

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Government Letter No.26809/VE/ 2008 dated. 21.01.2009 Government Letter No.10380/VE/ 2007 dated. 04.05.2007

¶84

Proceedings of the Chief Education Officer, Kancheepuram in Na.Ka.No.9223/A6/2010/ dated. 27.08.2010.

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Proceedings of the Director School Education, Chennai - 5 in Na.Ka.No. 101568/V/ E1/2004/ dated. 25.11.2010.

¶86

Letter of the Registrar, Annamalai University, Annamalai Nagar, No. B 6-2010 Dated. 20.08.2010.

¶87

With reference to the Government Order and Letter cited Mr.T.E.Ramesh, (Computer Teacher) who is

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¶89

appointed by the Teachers Parents Association and working continuously in Pachaiyappan Higher Secondary School, fully qualified and Orders of appointment is issued Vocational Instructor Grade I in view of the letter cited in reference 2 above.

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SI Name of the The Date Government Full Time Post
.N Teacher and of G.O. No..35 Orders of
o. School in Appointmen Education Appointment
which he is t and Department Government
serving Group for dated. Orders Date and
which 09.02.2007 and Details
the Government
appointmen Letter in No.
t made 10380/VE/2007-
by the 1
Teachers Dated.04.05.20
Parents 07 and Full
Associatio time
n Regularising
from
04.05.2007
1 Thiru. T.E. 10.06.1999 09.02.2007 to Permission of
RAMESH Computer Appointment
Pachaiyappa Teacher Government Order
n Higher No.
Secondary 358/Edu/Date :
School, 18.08.1997 Scale
Kapcheepura Pay 5500- 175 -
m District 9000 Retirement
of Thiru.R.
Swaminathan
Govt.
Higher
Secondary
School
Vocational
Instructor
return
Government Govt.
Order No.69 /
Edu Date:
20.05.2007
The above Vocational Teacher Grade I is appointed as
per the Vocation Teacher Government Order ( Ms ) No. 35
dated. 09.02.2007 and Government Letter No.
10380/VE/07-1 dated. 04.05.2007 in the same school as
Full Time Vocation Teacher Grade I in the Scale of pay
Rs.5500-175-9000 and the School Secretary is directed
to get approval from the Chief Education Officer.

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https://hcservices.ecourts.gov.in/hcservices/

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The Head Master is instructed to enter this necessary details of this appointment as Vocational Teacher Grade I in the Scale Register maintained by the School.

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Further the said Teacher is eligible for Contributory Pension Scheme.

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¶95

¶96

Sd/Joint Director (Vocational)"

¶97

We perused the material on record. The writ petitioner/first respondent has been working as a Vocational Instructor (Teacher), right from 1997. For no fault of his, the School did not pursue the approval. We called for the attendance and acquittance registers of the School and found that the first respondent/teacher is regularly taking classes and has been regularly attending the school from 1997.

¶98

Order of the Chief Educational Officer, Saidapet, Madras, dated 13.08.1986, granting permission to introduce Computer Science as a component subject, in Vocational Group in the school, reads thus:-

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"PROCEEDINGS OF THE CHIEF EDUCATIONAL OFFICER : SAIDAPET : MADRAS 600 015 Rc.No. 15182/A5/89 Dated 13.8.86.

¶100

Sub: Higher Secondary Education - Shedding off Biology in Group 1 - Introduction of Vocational Component (Computer Science) Under General Stream from 1986-87 in the P.A.K.Palanisamy Higher Secondary School, Madras - 21 Orders Issued.

¶101

Ref: -1) Proposals Dated 28.07.86 of the Correspondent, P.A.K.Palanisamy Higher Secondary School, Madras - 21.

¶102

G.O.Ms.No.452, Education Dated 7.4.1986 communicated in Director's Proceedings Rc.No.118858/W22/86 dated 7.4.86. 3) Proposals Rc.No.157580/W21/86 dated 21.5.1986 of the Director of School Education, Madras - 6.

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https://hcservices.ecourts.gov.in/hcservices/

¶104

In the circumstances stated in the reference first cited and in exercising the powers of delegated in the proceedings, third cited, permission is hereby granted to introduce Computer Science as a Vocational Component subject under General Stream in standard XI during 1986-87 in the P.A.K. Palanisamy Higher Secondary School, Madras - 21 in the following group, subject to the condition mentioned in para 2 below:

¶105

MATHS, PHYSICS, CHEMISTRY, COMPUTER SCIENCE (English Medium) One Section Only

¶106

i) That none of the existing Higher Secondary School teachers should be rendered surplus now (or) in future due to the introduction of the group with computer science.

¶107

ii) That the viable minimum strength should be maintained in the new group.

¶108

iii) That the number of Computers provided by the school as its own cost should be commensurate with the number of pupils admitted in the Computer Science group.

¶109

iv) That the syllabus for Computer Science prescribed by the Government along should be adopted.

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v) That a sum of Rs.50/- should be remitted into Government account being the recognition Fee for the group permitted and challan in Original sent to this office for perusal and return.

¶111

vi) That a part time teacher on monthly remuneration of Rs.300/- tenable for 12 months in a year may be employed to teach the subject and

¶112

vii) That only the persons who possess necessary qualifications prescribed by the Government should be appointed in the part time post.

¶113

The receipt of this letter should be acknowledged. The challan for the fees should be sent in Original within a week without fail.

¶114

Sd/- Y.ERSKINE DEVASTRMATHAM Chief Educational Officer, Madras 15."

¶115

Appointment order dated 08.10.1997 of the first respondent is reproduced,

¶116

"P.A.K. Palanisamy Higher Secondary School (Belonging to the Sennaiyillula Virudhunagar Hindu Nadars Abiviruthi Dharma Fund)

¶117

Secretary &Correspondent: No.1, P.A.N.Rajarathinam Salai, M.S.S.Chandra Mohan 4 th Lane, Old Washermanpet,

¶118

Chennai-600 021,

¶119

Date: 08.10.1997

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https://hcservices.ecourts.gov.in/hcservices/

¶121

APPOINTMENT ORDER

¶122

Sri.P.Ramesh, is appointed as Computer Science Teacher for handling Higher Secondary classes under consolidated pay of Rs.1,750/- (Rupees One thousand seven hundred and fifty only) per month. This post is subjected to the Managing Board only.

¶123

SECRETARY

¶124

To.

¶125

P.RAMESH, No.34, West Cemetery Road, Old Washermenpet, Chennai - 600 021."

¶126

Letter of the second respondent/school, dated 09.03.2009, sent to the Joint Director for Vocational Education, Chennai, for approval of Vocational Instructors, is extracted hereunder:-

¶127

"P.A.K. Palanisamy Higher Secondary School (Belonging to the Sennaiyilulla Virudhunagar Hindu Nadars Abiviruthi Dharma Fund) Secretary &Correspondent: No.1, P.A.N.Rajarathinam Salai, V.M.Vijayakumar, B.Sc., 4 th Lane, Chennai-600 021. Date: 09.03.2009

¶128

¶129

The Joint Director For Vocational Education, Directorate of School Education, D.P.I. Complex, Chennai. Respected Sir,

¶130

Sub: Requisition for sanction of Computer Science - Teacher Posts - Reg.

¶131

This is to your kind notice that we have approved Computer Science group since 1986 (Rc.No.15182/A5/86 dt 13.8.86) and we have submitted records of our teachers who have been working under consolidated pay. We come to know that government posts are being sanctioned to those teachers who have been working since 1997.

¶132

Kindly consider our staff members in the forthcoming list of approval employees as Vocational Teachers.

¶133

Thanking You,

¶134

Yours faithfully"

¶135

Proceedings of the Chief Educational Officer dated

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¶137

13.04.2009, calling for particulars from the School and their reply dated 23.05.2009, are reproduced:-

¶138

PROCEEDINGS OF THE CHIEF EDUCATIONAL OFFICER,

¶139

CHENNAI-15.

¶140

Na.Ka.No. 2680/ A4/2009 Dated. 13.4.2009.

¶141

Sub: Higher Secondary School - Vocational Course - Chennai - 21. P.A.K.Palanisamy Higher Secondary School - Mr.P.Rammesh, the Vocational Teacher appointed by the School Management and seeking the details - requested.

¶142

Ref: Proceedings of the Director of School Education in

¶143

U.Ma.No. 2009 dated.18.03.2009.

¶144

It is stated by the Secretary of the P.A.K.Palanisamy Higher Secondary School, Chennai - 21 that, Thiru.P.Rammesh who is working as Vocational Teacher from 10.10.2007 and the documents have to be scrutinized and has to sent to the Director of School Education. The Secretary of the above school is requested to send the documents relating to the appointment of Thiru.P.Rammesh to the Office of the Chief Education Officer.

¶145

The Original Appointment Order and the Certified Copy of the Appointment Order issued by the|Management.

¶146

The Attendance Roll both Original and Certified Copy.

¶147

The Acquittance pertaining to the Vocation Teacher P.Rammesh both Original and Certified Copy.

¶148

The Notes of lesson of the Vocation Teacher P.Rammesh both Original and Certified Copy.

¶149

The XI Standard Mark Registers from his date of appointment till this date both Original and Certified Copy.

¶150

The Certified Copy of the Permission letter/ document issued by the Chief Education Officer for the Vocational Teacher.

¶151

The Original and Certified Copies of the all School Certificates (including SSLC, HSC, Degree, Diploma)

¶152

The reasons for non inclusion of the name during July 2008.

¶153

The School Secretary are requested to send the following details immediately.

¶154

Sd/For Chief Education Officer. Chennai -15.

¶155

P.A.K. Palanisamy Higher Secondary School (Belonging to Sennaiyilulla Virdhunagar Hindu Nadars Abiviruthi Dharma Fund)

¶156

https://hcservices.ecourts.gov.in/hcservices/

¶157

No.1, P.A.N.Rajarathinam Salai, 4 th Lane, Chennai - 600 021. Patron:A.T.Bose. B.E. Secretary &Correspondent: President : K.yuvarajan V.M.Vijayakumar, B.Sc. Assistant Secretary:

¶158

Vice- President: K.Chandrahasan M.C.M.Chandrasekar

¶159

Treasurer: C.Venkatesh M.F.M. Date : 23.05.2009

¶160

To Office of the Chief Education Officer, Panagal Maligai, Saidapet, Chennai -15. Sir,

¶161

Sub : Higher Secondary Education - Vocational Education- Chennai -21, P.A.K.Palanisamy Higher Secondary School - submitting the details of Mr.P.Rammesh Vocational Teacher appointed by the Management - Regarding.

¶162

Ref: Your Office Proceedings in Na.Ka.No. 2680/ A4/2009 dated. 13.04.2009.

¶163

With reference to the letter cited above the details we are submitting the details and documents pertaining to Mr.P.Rammesh who is serving as Computer Teacher in our School.

¶164

The Original Appointment Order and the Certified Copy of the Appointment Order issued by the Management.

¶165

The Attendance Roll both Original and Certified Copy,

¶166

The Acquittance pertaining to the Vocation Teacher P.Rammesh both Original and Certified Copy.

¶167

The Certified Copy of the Permission order issued by the Chief Education Officer for the Vocational Teacher.

¶168

The Original and Certified Copies of the all School Certificates (including SSLC, HSC, Degree, Diploma)

¶169

The said Mr.P.Rammesh is on Medical Leave from 09.08.2007 to 31.12.2007. Therefore from 01.01.2008 a separate Attendance and Acquittance are maintained separately. Hence the details pertaining to Mr.Rammesh has not been sent while sending details of other Vocational Teachers during July 2008.

¶170

Sd/------Secretary"

¶171

https://hcservices.ecourts.gov.in/hcservices/

¶172

Education Department is also aware that the respondent is working in the fifth respondent school, has been provided training and assigned work relating to uploading data. Proceedings of the Chennai East District Educational Officer, dated 10.12.2009, is extracted hereunder:-

¶173

"Proceedings of the Chennai East District Education Officer

¶174

Na.Ka.No.6830/A1/2009 Dated 10.12.2009

¶175

Sub: National Secondary Education Scheme - R.M.SA, Yearly Scheme - 2010-2011 and Training Towards Ref: Proceedings of the School Education Officer, Chennai - 6

¶176

Na.Ka.No.47359/W1/S1/09 Dated 9.12.2009.

¶177

With reference to the proceedings of the Director of R.M.S.A. For the Preparation of the Secondary Education Yearly Scheme One Day State Level Training classes for following Computer Teachers are to be conducted on 11.12.2009. The concerned Teachers have to relieved to attend the above training.

¶178

-----------------Name of the Teachers and the Training Center School Name Date / Time ----------------------------------------------------------------------Thiru.Rammesh, Computer Teacher Seva Sangam Girls Higher P.A.K. Palanisamy Higher Secondary Secondary School, School, Chennai - 21. Contonment, Trichy. (Near New Bus Stand) --------------------------------/ Most Urgent/

¶179

Sd/District Education Officer,"

¶180

The first respondent has been appointed as an External Examiner in schools, details are as follows:-

¶181

"ST.PETER'S HR SEC. SCHOOL ROYAPURAM, CHENNAI-13,

¶182

ATTENDANCE CERTIFICATE Certified that Mr.P.Rameesh P.G.Asst. P.A.K. Palanisamy Higher Secondary School, Chennai-21, has served as External Examiner for the Higher Secondary practical Examination February 2012 at Centre No.6708 ST.PETER'S HR. SEC. SCHOOL on 13.02.12, 14.02.2012, 15.02.2012, 16.02.12, 17.02.12 (Five days). Date: 17.02.2012 Chief Superintendent & H.M.

¶183

St. Peter's HR. SEC. SCHOOL,

¶184

https://hcservices.ecourts.gov.in/hcservices/

¶185

Royapuram,Chennai-600 013."

¶186

"HSC SPECIAL SUPPLEMENTARY EXAMINATION JUNE 2013 CENTRE NO. 6721 CENTRE NAME: CGHSS, PULLA AVENUE

¶187

ATTENDANCE CERTIFICATE

¶188

Thiru/Tmt. P.Rammesh P.G. Asst. attended the duty as Departmental/Invigilator for the XII Std special supplementary Examination June - 13 CHENNAI GIRLS HR. SEC. SCHOOL, PULLA AVENUE, SHENOYNAGAR, CHENNAI - 30. He/She has worked form 24.6.13, 25.6.13, 26.6.13, 27.6.13, & 28.6.13. (5) days.

¶189

Place: CHENNAI - 30 Chief Superintendent Chennai Girls Hr. Sec. School Pulla Avenue, Chennai - 30."

¶190

"ST PETER'S HR SEC SCHOOL, ROYAPURAM, CHENNAI - 13 HSS March 2017 - Central Valution Camp - 71

¶191

This is to certify P. Rameesh attended the HSS Valuation Work as Tabulator at ST PETER'S HR SEC SCHOOL, CHENNAI - 13 From 05.04.17 to 19.04.17 (Both Days Included)

¶192

"State Project Directorate, Chennai - 600 006 Rashtriya Madhyamik Shiksha Abhiyan ATTENDANCE CERTIFICATE

¶193

This is to certify that Thiru / Tmt P.RAMMESH, P.A.K. Palanisamy Hr.Sec. School, Chennai District has attended the training on Workplace@Facebook held at Anna Centenary Library Conference Hall, Kotturpuram, Chennai on 06.07.2018. TA/DA has been paid in this office.

¶194

Joint Director"

¶195

He has been appointed as Nodal Officer, vide proceedings of the District Educational Officer, Chennai (East), proceedings dated 01.10.2015, which reads thus:-

¶196

"Proceedings of the District Education Officer,

¶197

Chennai- 94.

¶198

Na.Ka No.3096/A3/2015 Dated. 01.10.2015.

¶199

Sub : 2015- 2016 Uploading of Data in Computer System pertaining to School Education- Income Certificate, Residential Certificate and Community Certificate - To Fix the Nodal center (Nodal Point)

¶200

https://hcservices.ecourts.gov.in/hcservices/

¶201

and to update in ONLINE - Regarding.

¶202

Ref : 1. Proceedings of the Government Additional Chief Secretary, Revenue Department in Na.Mu.Ka.No.R.A(3)44844/2012 dated 15.09.2015.

¶203

Instructions of the Chief Education Officer, Chennai -15 dated.23.09.2015.

¶204

With reference to the Government Letter and the instructions of the Chief Education Officer, Chennai, cited above, the subject relating to uploading of the data pertaining to the Income Certificate, Residential Certificate and Community Certificate in the Computer System and appointing Contact O ffic e r, Contact Center and Nodal Point

¶205

Contact Officer: Tmt. C.Pushpa. Headmistress Mobile No: 94420 93551, Chennai - 08, Presidency Girls Higher Secondary School, Egmore.

¶206

Contact Center: Chennai - 08, Presidency Girls Higher Secondary School, Egmore (Egmore Circle) Organiser: 1. Tmt.Bharathi. P.G.Asst., (Commerce) Chennai-08, Presidency Girls Higher Secondary School, Egmore.

¶207

Thiru. Duraimani, Computer Instructor, Mobile No: 97101 29891 K.R.C.A.R.C. Higher Secondary School, Chennai -01, 2. Contact Officer :Thiru.J.Vijayaraj, Headmaster, Mobile No : 94441 42395 Chennai -21. P.A.K.Palanisamy Higher Secondary School, Old Washermenpet

¶208

Contact Center: Chennai-21. P.A.K.Palanisamy Higher Secondary School, Old Washermenpet

¶209

Organiser: 1.Thriu. Rammesh, Computer Instructor, Mobile : 9941506051, v Chennai -21. P.A.K.Palanisamy Higher Secondary School, Old Washermenpet

¶210

Tmt. Sylviya, Computer Instructor, Mobile : 98411 64576. C.S.I. Northwick Girls Higher Secondary School, Chennai - 13.

¶211

N.K.T. Girls Higher Secondary School, Triplicane, Chennai - 600 005. ( South Chennai Educational District) (Mylai - Triplicane Division)

¶212

The Above School Headmasters ( Nodal Officer) are directed to arrange separate room in the school Campus with Facilities to the Computer, Scanners, Prime's and Internet to perform and complete subject work

¶213

District Educational officer Chennai East, Chennai - 94."

¶214

It is a sanctioned post. The post was sanctioned way back in the year 1986. The argument of the State that mere granting permission to start Computer Science group cannot be construed that a post was sanctioned and the permission granted was only

¶215

https://hcservices.ecourts.gov.in/hcservices/

¶216

for the sake of students appearing in the public examination in a particular group, cannot be accepted.

¶217

The admitted fact is that the Director of School Education, had accepted the recommendation of the Chief Educational Officer, Saidapet, Chennai, and duly permitted the Secretary/Correspondent, PAK Palanisamy Higher Secondary School, Chennai/second respondent herein, to commence a Computer Science group from the academic year 1986-87. The writ petitioner possess all the educational qualifications, it is not the case of the first respondent that he has obtained any qualification between 1997 to 2012.

¶218

The first respondent was therefore fully qualified and his appointment as a Vocational Instructor has to be approved. As stated earlier, the first respondent cannot be made to suffer for the inaction part of the school. His juniors have been regularised, he has been regularly attending the school and imparting education. Therefore, the first respondent is eligible to get time scale of pay from 09.02.2007, that is from the date of issuance of G.O.Ms.No.35.

¶219

For the reasons stated supra, writ appeal therefore fails and the same is dismissed. No Costs. Consequently, the connected civil miscellaneous petition is closed.

¶220

The directions given by the learned Single Judge would be complied, within a period of six weeks from the date of receipt of a copy of this judgment.

¶221

Sd/-

¶222

Assistant Registrar(CS-III)

¶223

//True Copy//

¶224

Sub Assistant Registrar

¶225

dm/pkn

¶226

¶227

The Secretary to Government,

¶228

State of Tamil Nadu,

¶229

Education Department, Fort St. George, Chennai - 600 009.

¶230

https://hcservices.ecourts.gov.in/hcservices/

¶231

2.Director of School Education, DPI Compound, College Road, Chennai - 600 006. 3.Joint Director of School Education, (Vocational) DPI Compound, College Road, Chennai - 600 006. 4.The Chief Educational Officer, Saidapet, Chennai - 600 015. +2cc to Mr.C.Manohar, Advocate, S.R.No. 4897 +1cc to Mr.S.Stalin Muthu Advocate, S.R.No. 4898 +1cc to the Government Pleader, S.R.No. 6022 W.A.No.2445 of 2018 and C.M.P. No.19726 of 2018 AK(CO) GN(14/02/2019)

¶232

https://hcservices.ecourts.gov.in/hcservices/

State of Tamilnadu v. P.Rammesh

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State of Tamilnadu v. P.Rammesh

Case brief

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