High Court quashed rejection of appointment approval for a BT Assistant based on inoperative Government Order and directed respondents to process the matter within twelve weeks.
Impugned orders quashed; respondents directed to approve appointment and release salary/benefits within 12 weeks if otherwise eligible.
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.
W.P.No.15588 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.15588 of 2021 and W.M.P.Nos.16509 & 16510 of 2021
The Correspondent, C.S.I. High School, 167, Kamarajaranar Road, Attur 636 102.
... Petitioner
Vs.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned orders passed by the third respondent, Chief Educational
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Officer and 4th respondent, District Educational Officer, in O.Mu.No.2641/Aa2/2020 dated 04.12.2020 (as signed) and O.Mu.No.3061/Aa2/2020 dated 26.12.2020 (as signed), quash the same and further to direct the respondents 3 and 4 to approve the appointment of Mrs.M.Kalpana Grace as BT Assistant (Science) in the petitioner school with effect from the date of her appointment viz., 06.03.2020 and release salary and all attendant benefits with effect from the said date.
For Petitioner : Ms.Mary Sowmi Rexi for M/s.Issac Chambers For Respondents : Ms.Akila Rajendran, GA
O R D E R
This Writ Petition has been filed for quashment of the impugned orders passed by the third respondent in O.Mu.No.2641/Aa2/2020 dated 04.12.2020 and 4th respondent in O.Mu.No.3061/Aa2/2020 dated 26.12.2020 and consequently, to direct the respondents 3 and 4 to approve the appointment of Mrs.M.Kalpana Grace as BT Assistant (Science) in the petitioner school with effect from the date of her appointment viz., 06.03.2020 and release salary and all attendant benefits with effect from the said date.
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W.P.No.15588 of 2021
available on record.
posts of BT Assistants, one post fell vacant due to the retirement of then incumbent Mrs.A.Jayarani Rosebell on 31.05.2015. In the resultant vacancy, the School appointed one Mrs.M.Kalpana Grace as BT Assistant (Science) with effect from 06.03.2020. The concerned teacher also joined service on the same day i.e., 06.03.2020 and is continuing till date.
W.P.No.15588 of 2021
The Government Order in G.O.Ms.No.165 dated 17.09.2019 which referred in the impugned proceedings of the 4th respondent is inoperative. Hence, the refusal of the 4th respondent to grant approval for the appointment of the BT Assistant is unsustainable and the same requires interference of this Court.
submitted that at the time of appointment, there are surplus teachers in the same management and despite a surplus teacher, the petitioner's School appointed the petitioner and in view of the same, the impugned order of
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rejection is valid and prayed for dismissal of this petition.
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by the Hon'ble Division Bench of this Court in W.A.(MD).No.76 etc., of 2019, dated 31.03.2021 within a period of twelve weeks from the date of
receipt of a copy of this order.
Consequently, connected Miscellaneous Petitions are closed.
21.11.2024
vkr Index : Yes / No Speaking order / Non-speaking order
To
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W.P.No.15588 of 2021
VIVEK KUMAR SINGH, J.
vkr
W.P.No.15588 of 2021
21.11.2024
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2 issues framed by the court
Whether G.O.Ms.No.165 dated 17.09.2019 is operative to reject appointment approval due to surplus staff?
Whether the refusal to approve appointment and release salary is legally sustainable?
Colour shows how this judgement treated each authority
W.A.(MD).No.76 of 2019Relied on¶34
W.A.(MD).No.76 of 2019, dated 31.03.2021
SLP.No.15702 of 2021Referred¶34
SLP.No.15702 of 2021
The Correspondent, C.S.I. High School
The Government of Tamil Nadu
The Director of School Education
The Chief Educational Officer
The District Educational Officer, Attur
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
