A part-time Vocational Instructor was denied salary for 1986-1995 on the ground that his appointment predated sanctioning of the post. The court held two posts per school were already sanctioned by G.O.Ms.No.1719 and administrative delay could not defeat payment. Writ allowed with 6% interest.
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W.P.No.25094 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2024
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.25094 of 2009 and M.P.No.2 of 2009
N.Sathiya Jebaseelan
.. Petitioner
Versus
.. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the 2nd respondent in his proceedings
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No.Na.Ka.14767/V1/E3/09, dated 11.06.2009 and consequently, direct the respondents 1 to 4 to regularize the petitioner's service with effect from 19.08.1986 and pay arrears of salary from 19.08.1986 to 19.02.1995.
For Petitioner : Mrs.P.Mahalakshmi
For Respondents : Mrs.Mythreye Chandru, Special Government Pleader, for RR-1 to 4
: R5 - No Appearance
ORDER
This Writ Petition is filed challenging the impugned order, dated
11.06.2009, in and by which, the part-time salary for the post of Vocational Instructor for the petitioner for the period from 19.08.1986 to 19.02.1995 was denied.
the concerned School Headmaster. Accordingly, the petitioner was appointed as a part-time Vocational Instructor on 19.08.1986 with a
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remuneration of Rs.150/- per month. Ultimately, only with effect from 20.02.1995, the appointment of the petitioner was approved by the third respondent and thereafter, the services came to be dealt with by subsequent orders.
Government in respect of each of the school. Paragraph No.7 of the Government Order reads as follows :-
" 7. The Government therefore sanction the creation of posts of part-time Vocational Instructors at the rate of 2 for each Vocational Courses, except the Higher Secondary Schools which have already employed the Bifurcated Course staff. These part-time posts will carry each a consolidated remuneration of Rs.150/-p.m. tenable for 10 months every year. (i.e. excluding the period of vocation)."
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following terms :-
(ii) The respondents are directed to pay the part-time salary as applicable to the petitioner for the period from 19.08.1986 to 19.02.1995 with interest at the rate of 6% per annum;
(iii) The amount payable to the petitioner shall be paid within a period of four months from the date of receipt of a copy of this order;
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(iv) There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
01.03.2024
Index : no Speaking order Neutral Citation : no grs
To
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D.BHARATHA CHAKRAVARTHY, J.
grs
W.P.No.25094 of 2009 and M.P.No.2 of 2009
01.03.2024
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1 issue framed by the court
Whether a part-time Vocational Instructor appointed under G.O.Ms.No.1719 dated 14.09.1978 is entitled to part-time salary for the period 19.08.1986 to 19.02.1995 despite delayed approval of his appoin
1 provisions across 1 enactments
N.Sathiya Jebaseelan
The Government of Tamil Nadu, rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009
The Director of School Education, College Road, Chennai - 600 006
The Chief Educational Officer, Nagercoil, Kanyakumari District
The District Educational Officer, Kuzhithurai, Kanyakumari District
The Headmaster, Government Higher Secondary School, Kollamcode, Kanyakumari District
D.BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
