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2009 DIGILAW 3288 (MAD)

C. Padmavathamma v. The Director of Elementary Education, College Road, Chennai & Others

2009-08-21

S.MANIKUMAR

body2009
Judgment :- The petitioner has sought for a Mandamus, directing the respondents to regularize her services from the date of initial appointment in the post of Secondary Grade Teachers, i.e., 03.08.1995 and disburse the arrears of salary from 30.04.1997 to 211. 2005 with all consequential benefits. 2. It is the case of the petitioner that she was appointed as Secondary Grade Teacher at Panchayat Union Primary School, Devarapetta, Thally Union, by the District Elementary Educational Officer, Dharmapuri, vide proceedings, dated 25.07.1995 and she joined duty on 03.08.1995, pursuant to the order of the Assistant Elementary Educational Officer, Thally, third respondent herein, dated 02.08.1995. All of a sudden, by order, dated 29.04.2007, the third respondent has terminated the petitioner from service on the ground that her Karnataka Teacher Training Certificate has not been evaluated. Accordingly, she was relieved on 07.05.1997. Aggrieved by the order of termination, she preferred O.A. No.3474 of 1997 before the Tamil Nadu Administrative Tribunal, and obtained an order of stay. Pursuant to the interim order, the District Elementary Educational Officer, Dharmapuri, passed an order of reinstatement on 16.06.1997. Since then, she has been working as Secondary Grade Teacher in the above said School. As she was not paid the salary, she filed O.A. No.922 of 1998 before the Tribunal and that the same was allowed with a direction to the respondents to disburse the arrears of salary, but it was not complied with. 3. The petitioner has further submitted that the Government have issued G.O.1 (d) No.26, School Education Department, dated 21.01.2003, directing that Karnataka Teacher Training Certificate holders have to undergo 2 year Diploma in Teacher Education, as a special case in Tamil Nadu and that their certificates would be evaluated, after passing the same. Accordingly, the petitioner has undergone the said course and passed the examination for Diploma in Teacher Education held in November’ 2005 and thereafter, she was paid salary from 211. 2005 onwards. 4. The petitioner has further submitted that by letter, dated 17.04.2006, she has requested the Director of Teacher Education, Research and Training, Chennai, (in short “the DTERT”) for evaluation of Karnataka Secondary Grade Teacher Training Certificate and in response to the same, by proceedings, dated 110. 2005 onwards. 4. The petitioner has further submitted that by letter, dated 17.04.2006, she has requested the Director of Teacher Education, Research and Training, Chennai, (in short “the DTERT”) for evaluation of Karnataka Secondary Grade Teacher Training Certificate and in response to the same, by proceedings, dated 110. 2007, the said authority has evaluated her Karnataka Secondary Grade Teacher training Certificate and found the same as equivalent to Secondary Grade Teacher Training Certificate issued by the Government of Tamil Nadu, subject to the condition that she has to serve as a Secondary grade Teacher to teach in Telegu Medium School only. 5. Pursuant to the evaluation of the certificate, the petitioner has submitted a representation, dated 011. 2006 to the second respondent, requesting for regularization of her services as Secondary Grade Teacher from the date of her initial appointment, i.e., 03.08.1995 and for disbursement of arrears of salary from 30.04.1997 to 211. 2005. To ascertain the position, the second respondent, by proceedings, dated 112. 2006, has directed the third respondent to furnish the status report of the cases filed by her in the Administrative tribunal and consequent to the same, the third respondent has ordered the petitioner to withdraw the case filed by her. In these circumstances, the petitioner has withdrawn W.P. No.37695 of 2006 (T). After the withdrawal of the said Writ Petition, the petitioner has submitted representations, dated 16.04.2007, 26.03.2008 and 27.05.2008 to the respondents for the same relief. 6. It is the further case of the petitioner that one Mr. T. Pattabhi, appointed as Secondary Grade Teacher on 03.08.1995 and underwent 2 year Diploma in Teacher Education in Tamil Nadu and whose Andhra Teacher Training Certificate was evaluated as equivalent, the Director of Elementary Education, Chennai, by his proceedings, dated 13.05.2008, has directed the second respondent to regularize the services of Mr. Pattabhi from the date of his initial appointment and also to disburse the arrears of salary. Pursuant to the same, the second respondent, by his order, dated 03.06.2008, has regularized the services of the said Pattabhi from the date of his initial appointment and disbursed the arrears of salary to him. In these circumstances, the petitioner has submitted that she is entitled to the similar benefits. 7. Pursuant to the same, the second respondent, by his order, dated 03.06.2008, has regularized the services of the said Pattabhi from the date of his initial appointment and disbursed the arrears of salary to him. In these circumstances, the petitioner has submitted that she is entitled to the similar benefits. 7. Placing reliance on G.O.(3D) No.41, School Education (01) Department, dated 23.07.2004, learned counsel for the petitioner submitted that when the Government have directed regularization of the services of similarly placed persons, Viz., Mr. Kathir Ravi, Mr. T. Pattabhi and Mr. K. Rajareddy, after successful completion of a two year Diploma Course conducted by the DTERT, Chennai from the date of their initial appointment, the same yardstick has to be applied to the petitioner and hence, prayed that a direction may be issued accordingly. 8. Considering the similarity of the facts involved in this case and the Government Order Stated supra, Mr. A.C. Manibharathi, learned Government Advocate, was put on notice and directed to report as to whether the Government Order relied on by the leaned counsel for the petitioner is applicable to the facts of the present case. 9. On instructions, learned Government advocate fairly submitted that the issue involved in the above decision is squarely applies to the facts of the present case. 10. Perusal of G.O. (3D) No.41, School Education (01) Department, dated 23.07.2004, shows that the Government have considered the case of those, who had obtained Karnataka Teacher Training Certificates and successfully completed two year Diploma in Teacher Education Training by DTERT, for ordering regularization of their services from the date of initial appointment as Secondary Grade Teachers and disbursement of salary and other benefits. 11. In view of the submission placed on either side and having regard to the similarity in facts, this Court has no hesitation to hold that the petitioner is also entitled to similar orders. Hence, a direction is issued to the respondents to regularize the services of the petitioner from the date of his initial appointment, i.e., 03.08.1995 and disburse the arrears of salary from 30.04.1997 to 211. 2005 with all consequential benefits. 12. In the result, the Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is also closed.