Writ petition challenging a non-rejection order requiring documents for teacher appointment approval. Court directed authorities to verify documents and facts, ensuring compliance before allowing salary arrears.
Order to approve appointment with arrears if compliant; else conduct enquiry with personal hearing before passing reasoned orders.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2022
CORAM THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.NO.30384 OF 2019
R.Vanitha
... Petitioner
-vs-
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in relates to the rejection order passed by the Fourth Respondent in Oo.Mu.No.1025/A1/2019 dated 27.09.2019 and quash the same and consequently, direct the
Respondents to approve the appointment of the Petitioner from 10.04.2019 along with all attendant and monitory benefits.
Mr.C.Prabakaran (for R5)
O R D E R
Heard Mr. S.Conscious Ilango, Learned Counsel for the Petitioner, Mr. Stalin Abhimanyu, Learned Additional Government Pleader (Education) appearing for the First to Fourth Respondents and Mr. C.Prabakaran, Learned Counsel for the Fifth Respondent and perused the materials placed on record, apart from the pleadings of the parties.
(i) On receipt of the said requirements from the Fifth Respondent, the concerned authority shall immediately examine the proposal for approval of appointment of the Petitioner in the School of the Fifth Respondent including ascertaining as to whether the Petitioner had actually worked in the School of the Fifth Respondent during the relevant period so as to be entitled to the monetary benefits claimed;
(ii) in the event of the concerned authority not being satisfied with the compliance of such requirements, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and the Fifth Respondent to explain their position in that regard and the concerned authority shall pass reasoned orders dealing with each of the contentions raised on merits and in accordance with law and communicate the decision taken to the parties under written acknowledgment;
(iii) if the Petitioner is entitled to the approval of appointment, it shall be ensured that the eligible amount of arrears of salary is paid within 30 days from the date of passing of that order, apart from the monthly salary for on the due dates for future periods; and
(iv) the concerned authority shall file report of compliance in that regard before the Registrar (Judicial) of this Court;
In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
dm
To
Copy to
The Registrar (Judicial), Madras High Court, Chennai – 600 104.
+1cc to M/s.Ln.V.Kasinatha Bharathi, Advocate, S.R.No.9456
W.P.No.30384 of 2019
BR(CO) RLP(05/04/2022)
3 issues framed by the court
Whether the impugned order rejecting the petitioner's appointment was a final rejection or merely a request to submit missing documents.
Whether the petitioner is entitled to salary arrears and benefits if the appointment is subsequently approved.
What procedural safeguards must be observed if the appointment is not approved due to non-compliance.
1 provisions across 1 enactments
R.Vanitha
The Secretary to the Government, School Education Department
The Director of School Education
The District Educational Officer, Nagappattinam
The Block Educational Officer, Keezhaiyur
The Secretary, Aided Elementary School
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
