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2007 DIGILAW 1940 (MAD)

V. Kaliswari v. The Director of Teachers Education, Research and Training, Madras 6 & Others

2007-06-27

N.PAUL VASANTHAKUMAR, VASANTHAKUMAR

body2007
Judgment :- The prayer in the writ petition is to issue a writ of mandamus directing the respondents to approve the appointment of the petitioner as Secondary Grade Teacher from 01.08.1995. 2. The case of the petitioner is as follows: The petitioner passed the Higher Secondary Examination from the State of Tamil Nadu in March 1990. She joined the course of Teachers Training Course, conducted by the Karnataka Secondary Education Examination Board and passed the first year subjects in May 1992 and second year examinations in May 1993. The Karnataka Secondary Education Board issued certificate No.058484 on 30.07.1993. 3. The petitioner applied for appointment of the Secondary Grade Teacher post to the Teachers Recruitment Board. The petitioner was called for interview on 08.03.1995 by the Teachers Recruitment Board and she was selected and appointed as Secondary Grade Teacher. The petitioner joined in the said post of Secondary Grade Teacher on 01.08.1995 after getting relieving order from the SBM Primary School (Private school), where the petitioner was working from 011. 1994. The petitioner was not paid salary even after her appointment and joining in service on the ground that the petitioners Karnataka Teacher Training Certificate was not evaluated. 4. On 05.01.1996, the first respondent issued an order refusing to evaluate the certificate of the petitioner on the ground that the petitioner did not obtain 50% of marks in each subject in the first year course. Consequently, the third respondent by his proceedings dated 01.02.1996 informed the school where the petitioner was working that the petitioners certificate was not evaluated. The said order dated 05.01.1996 is challenged before the Tribunal in O.A.No.1179 of 1996 and the same is transferred and numbered as the above writ petition. 5. The learned counsel for the petitioner submits that the petitioner is continuously working as Secondary Grade Teacher in Panchayat Union Primary School, Mettur, Virudhunagar District and she is not paid salary in view of the non evaluation of her certificate by the first respondent. The learned counsel also produced the copy of the evaluation order issued by the first respondent in his proceedings K.Dis.No.13671/C3/2002 dated 212. 2002 to show that the petitioners certificate bearing TCH No.058494 is evaluated as equivalent to the Secondary Grade Teacher Training Certificate of Tamil Nadu. The contents of the certificate is extracted hereunder: "PROCEEDINGS OF THE DIRECTOR OF TEACHER EDUCATION RESEARCH AND TRAINING, CHENNAI 600 006. K.Dis.No.13671/C3/2002 dated 212. 2002 to show that the petitioners certificate bearing TCH No.058494 is evaluated as equivalent to the Secondary Grade Teacher Training Certificate of Tamil Nadu. The contents of the certificate is extracted hereunder: "PROCEEDINGS OF THE DIRECTOR OF TEACHER EDUCATION RESEARCH AND TRAINING, CHENNAI 600 006. K.Dis.No.13671/C3/2002 dated 212. 2002 Sub : Education – Teacher Education – Evaluation of Karnataka Secondary Grade Teacher Training – Certificate of V.Kaliswari – Regarding. Ref: 1. Lr.Rc.No..dated 8. 2002 from the individual. 2. Lr.Rc.No.Q5/TCH/VFN/CR-25.../2002-2003 dt.111. 2002 from the Secretary, KSEEB, Bangalore. 3. G.O.Ms.No.1236/Edn. dt.19. 84 4.G.O.Ms.No.1196/Education, dated: 12. 1992. Proposals for the evaluation of Karnataka Certificates were received from the individual with his letter first cited. The genuiness of the certificate was obtained in the reference second cited. With reference to the orders issued by Government in the reference third and fourth cited, the certificate and other records were verified and the Certificate of V.Kaliswari is evaluated as detailed below. Name of the Candidate Professional Qualification Details of Evaluation V. Kaliswari Karnataka T.T.C. Evaluated as equivalent to the Secondary Grade Teacher Training Certificate, Tamil Nadu Encl: 1. T.C.H.No.058484 2. 1st year Mark State No.101004, 160227 3. 2nd year MarkStatement No.200847 4. T.C.No.25/93-94 5. H.S.C.No. A 1880007 6. S.S.L.C.No. --- Sd/- DIRECTOR." 6. In view of the evaluation granted by the first respondent by the above order dated 212. 2002, the respondents are bound to give salary to the petitioner and other benefits from 01.08.1995. The learned counsel for the petitioner submitted that after the evaluation the petitioner was paid salary and not from 01.08.1995. The respondents are not justified in not paying the salary and other benefits from 01.08.1995 as the certificate is evaluated and the evaluation relates back to direct appointment. Hence the third respondent is directed to pay the salary to the petitioner as Secondary Grade Teacher from 01.08.1995 within a period of three months over and above the payment of salary already made, from the date of receipt of a copy of this order. The petitioner is also eligible to get annual increments, Selection Grade and all other benefits by virtue of the evaluation granted. 7. The petitioner is also eligible to get annual increments, Selection Grade and all other benefits by virtue of the evaluation granted. 7. In view of the order passed in this writ petition (W.P.No.28463 of 2006), no further order is required to be passed in .P.Nos.28940 of 2006 and 38422 of 2005 as the said writ petitions are disposed of in the light of the order passed in W.P.No.28463 of 2006. The writ petitions are disposed of accordingly. No costs.