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2006 DIGILAW 1045 (MAD)

S. Vigila v. Director of Elementary Education, Chennai & Others

2006-04-13

M.E.N.PATRUDU

body2006
Judgment :- 1. Heard the learned counsel for the petitioner. 2. No representation on behalf of the respondents and also they did not file any counter, though the Writ Petition has been filed in the year of 2004. 3. An interim injunction was granted and the same was made absolute by an order in W.P.M.P. No. 1647 of 2004 dated 29.1.2005. 4. The Pathetic condition of the petitioner has been narrated before this Court through their affidavit that the petitioner is a graduate of B.Sc. and has been appointed as a Junior Grade B.T. Assistant in the school of the fourth respondent in the clear vacancy in the post of teacher. It is stated that there are six vacant posts sanctioned to the fourth respondent school and out of them only four posts are filled and two posts are vacant from 2002 onwards and thereby the education activity of the students for which the school is functioning, is being affected and the very purpose of running the school for educating the children is defeated for want of teachers. Considering the same the fourth respondent has appointed the petitioner in one of the vacancy and forwarded the proposal to the respondents 1 to 3 to approve the same. The respondents 1 to 3 instead of approving the proposal of the fourth respondent considering the interest of students they have issued the impugned order wherein it is stated that the proposal can be considered only after completing the deployment of teachers of other aided schools. It is nothing but an Act of bureaucratic act of arrogance and respondents 1 to 3 are appointed and drawing salary to promote education in a systematic and scientific way as per rules but not to delay the executive functions. 5. Mr. It is nothing but an Act of bureaucratic act of arrogance and respondents 1 to 3 are appointed and drawing salary to promote education in a systematic and scientific way as per rules but not to delay the executive functions. 5. Mr. C. Selvaraj, the learned Senior Counsel appearing on behalf of the petitioner on record submitted that the re-deployment or deployment will not arise in the instant case as there are clear vacancies in the fourth respondent school and in one of the vacancy the petitioner is considered for appointment as a teacher; and the re-deployment will arise only when there are excess teacher in other schools and in such case, not only the teachers but also the posts of the said school will have to be shifted to another school, whereas in the instant case the petitioner was appointed in the existing vacancy of the fourth respondent school and it is done by the fourth respondent to promote the educational interest of the school. Considering the same this Court has already issued an interim injunction restraining the termination of the petitioner from the post of teacher. Before me, today it is stated at the bar that in view of the injunction order the petitioner is continuing in service from 23.6.2004 and teaching the students and is working in the fourth respondent's school in the existing vacancy and the petitioner is not drawing any salary as respondents 1 to 3 have not sanctioned any amount towards the salary of the petitioner. It is stated that the respondents 1 to 3 neither approved the proposal of the fourth respondent till today nor approached this Court by filing counter focusing their case. They did not even deploy any other teacher in the other vacancy. With displeasure these facts are noted. 6. In view of the above circumstances, I am of the opinion that the petitioner is entitled for salaries for the work and the period of service, apart from continuity in the service as a teacher. 7. In the result, the Writ Petition is allowed and the appointment of the petitioner in the existing vacancy as one of the Junior Grade B.T. Teachers is upheld. 7. In the result, the Writ Petition is allowed and the appointment of the petitioner in the existing vacancy as one of the Junior Grade B.T. Teachers is upheld. Further the respondents 1 to 3 are directed to release the necessary funds forthwith within 30 days from today for payment of salary to the petitioner from the date of her service and continue to provide the same to the fourth respondent's school towards the salary of the petitioner. This order should be complied within 30 days from the date of receipt of a copy of this order. No costs. Consequently, the connected W.P.M. Ps. are closed.