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2009 DIGILAW 3506 (MAD)

Motcha Sahaya Celine v. District Employment Officer, Sivagangai

2009-09-01

R.S.RAMANATHAN

body2009
Judgment :- The petitioner after completing her Higher Secondary Course has studied D.T.Ed coruse in the year 2000 and registered her name with the respondent Employment Exchange on 09.10.2000 and her registration number is w/4897/2000. Thereafter, the petitioner was selected and appointed as Secondary Grade Teacher in St.Filomina Primary School, on temporary basis and she was brought under permanent scale of pay. Thereafter, it is submitted by the learned counsel for the petitioner that her name was removed from the live register and she was not permitted to renew her name. The respondent also informed the petitioner that her name will not be sponsored in the future, as he was employed in the Government Aided school. Hence the petitioner made a representation to the respondent on 31.07.2009. 2. According to the learned counsel for the petitioner, the stand taken by the respondent in not restoring her name in the live register is against the judgment of the Full Bench of this Court in a decision in R. Sivakumari and seventeen others vs. Ramanathapuram Mavatta Payirchipetra Edanilai Asiriyargal Sangam, represented by its Secretary, 1/272, Mahasakthi Nagar, Collecotrate Post, Ramanathapuram- 623 503 and four others reported in 2007(5) CTC 561 . In that judgment in para 39(b) and (d), it has been stated as follows: “(b) The demand made by the respondents for a No Objection Certificate from the Managements of the Private Aided Schools, for sponsoring the names of those candidates for recruitment to Government posts, is also illegal as it is not based upon any law. (d) Persons already in employment in Private Aided Schools, whose names were deleted from the live registrar of the Employment Exchange shall have their names restored in the live registers with the same seniority and the Employment Exchanges are directed to sponser their names against existing vacancies.” 3. Therefore, the learned counsel for the petitioner submit that the action of the respondent insisting to get No Objection Certificate from the Management of the Aided school is illegal and her name has to be restored in the live register. 4. Heard Mr. K. Balasubramanian, learned Additional Government Pleader appearing for the respondent and he also fairly conceded that the case is covered by the Full Bench Judgment of this Court, as referred to above. 5. 4. Heard Mr. K. Balasubramanian, learned Additional Government Pleader appearing for the respondent and he also fairly conceded that the case is covered by the Full Bench Judgment of this Court, as referred to above. 5. Therefore, following the decision of the Full Bench Judgment, the Writ Petition is allowed and the respondent is directed to include the name of the petitioner in the live register with the same seniority as stated supra, within a period of four weeks from the date of receipt of a copy of this order and the respondent is also directed to sponsor the name of the petitioner against the existing vacancies that arise in future. No costs.