Tamil Selvan v. Director of School Education Chennai
2013-01-07
K.RAVICHANDRA BAABU
body2013
DigiLaw.ai
Judgment 1. The prayer in this writ petition is seeking for a mandamus directing the first respondent to regularise the petitioner's service, based on his seniority. 2. The case of the petitioner is that he was appointed as 'Vocational Computer Science Teacher' in SLB Government Higher Secondary School, Nagercoil, on 15.11.1990. Though, the petitioner has put in more than 15 years of service as 'Vocational Computer Science Teacher', his service was not regularised and therefore, the present writ petition is filed seeking for regularisation of his service. 3. The third respondent filed a counter affidavit and stated that the petitioner's appointment was made by Parents Teachers Association of SLB Higher Secondary School, Nagercoil and the very appointment order itself says that it was made purely as a temporary arrangement. 4. It is further stated by the respondents that the petitioner's appointment was not made through the educational Department and when such appointment was made by the Parents Teachers Association and the salary is also being paid only by the said Association to the petitioner, the petitioner cannot claim regularisation of his service from the respondents. 5. It is further stated that in fact, the petitioner was selected and given appointment in the year 2007 as B.T Assistant by the Teachers Recruitment Board. Instead of joining the said post, the petitioner is continuing in the very same Vocational Instructor post. 6. It is further stated by the respondents that petitioner is also not in service and he was already relieved from service on 17.02.2009, as per the proceedings of the Head of the said School, dated 17.02.2009. 7. Heard the learned counsel appearing for the petitioner as well as the respondents. 8. The petitioner seeks for a direction to regularise his service as 'Vocational Instructor'. The admitted fact is that the petitioner was not appointed by the respondents and on the other hand, he was appointed as a temporary Vocational Instructor by the Parents Teachers Association of SLB Higher Secondary School, Nagercoil. 9. It is also seen that the salary was also paid to the petitioner only by the said Association. While that being so, the question of regularising his service by the respondents Department does not arise. 10. Apart from the said position, it is also seen that the petitioner was in fact given an appointment as B.T. Assistant (Maths) in the year 2007 itself by the Teachers Recruitment Board.
While that being so, the question of regularising his service by the respondents Department does not arise. 10. Apart from the said position, it is also seen that the petitioner was in fact given an appointment as B.T. Assistant (Maths) in the year 2007 itself by the Teachers Recruitment Board. For the reasons best known to the petitioner, he did not join the duty and continued in the said post as 'Vocational Instructor' in Computer Science. 11. It is further seen that the petitioner is not in service as on date and he was relieved from service as early as on 17.02.2009, as could be seen from the counter affidavit filed by the respondents. 12. Considering all these facts and circumstances, I find no merit in this writ petition and accordingly, the same is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.