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2013 DIGILAW 1707 (MAD)

Mrs. R. Rajam Hepsy v. State of Tamil Nadu rep. by Secretary to Government Social Welfare Department Chennai

2013-04-18

T.RAJA

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JUDGMENT 1. This writ petition was filed by Mrs. R.Rajam Hepsy seeking issuance of a writ of certiorarified mandamus, to call for the impugned order passed by the third respondent, the District Disabled Rehabilitation Officer, Rehabilitation Centre, Nagercoil in proceedings O.Mu.No.1208/03 dated 19.5.2004, to quash the same with a further direction to the respondents 1 to 3 to approve the appointment of the petitioner with all attendant benefits from 29.5.2003. 2. Mrs. Lita Srinivasan, learned counsel for the petitioner submitted that the petitioner, having obtained the B.A. Degree in the year 1979 and B.Ed. Degree in the year 1993 in addition to the special qualification of ten month's course conducted by the Government of Tamil Nadu for teaching the deaf and dumb children, was appointed as Secondary Grade Assistant in the C.S.I. High School for the Deaf, Kottaram, the fourth respondent on 29.5.2003 in the pay scale of Rs.4500-125-7000 in a sanctioned post, since the said post also fell vacant on the retirement of Mrs. I.Paupa Annathai, who retired from service on 5.6.95. It was also stated that though the petitioner was over qualified for the said post, as she had the special training and diploma in teaching the deaf students, she was considered and appointed to the post of Secondary Grade Assistant. When she continued to work as Secondary Grade Assistant in the C.S.I. High School for the Deaf from 29.5.2003, the District Disabled Rehabilitation Officer, Nagercoil, the third respondent, after receiving the letter from the fourth respondent requesting approval, refused to grant approval for her appointment as Secondary Grade Assistant in his proceedings dated 19.5.2004. Aggrieved by that, the petitioner also preferred an appeal against the order passed by the third respondent dated 19.5.2004. But the petitioner was not able to get any favourable response, as a result, she has come to this Court challenging the impugned order dated 19.5.2004 passed by the third respondent. 3. Aggrieved by that, the petitioner also preferred an appeal against the order passed by the third respondent dated 19.5.2004. But the petitioner was not able to get any favourable response, as a result, she has come to this Court challenging the impugned order dated 19.5.2004 passed by the third respondent. 3. Assailing the impugned order, it was pleaded that when the petitioner admittedly possesses more than the requisite qualification, namely, B.A., B.Ed., Degrees and Diploma course in teaching the deaf students, the third respondent, having seen that the fourth respondent had appointed the petitioner in the C.S.I. High School for the Deaf, Kottaram, ought not to have refused the approval on the basis of G.O.Ms.No.203, Education, Science and Technology Department dated 19.3.96, since the said Government Order was issued by the education department covering all kinds of schools for normal children, namely, Backward Class Welfare Schools, Kallar Reclamation Schools, Schools run by the Forest Department, Harijan Welfare Schools and Reformatory Schools under their administration as well as the schools brought under their supervision. It was also further submitted that under similar circumstances when similarly placed persons who were appointed with similar qualification viz., B.Ed., and Diploma in teaching the deaf and dumb, came to this Court aggrieved by the rejection of their claim for grant of approval on the basis of G.O.Ms.No.203 dated 19.3.96 by filing W.P.Nos.25789 and 25790 of 2001, this Court, relying upon a judgment of a Division Bench of this Court dated 29.6.2001 directing regularisation of the teachers appointed to the Secondary Grade post with higher qualification, allowed the writ petitions by order dated 26.10.2010 and the said order passed by this Court has been accepted by the Respondents. Therefore, the petitioner, who was rightly appointed by the fourth respondent in C.S.I. High School for the deaf on 29.5.2003, should be allowed to work. Unfortunately, the third respondent, by the impugned order, has denied the grant of approval. However, in view of the fact that there was no qualified teacher to teach the deaf and dumb students in the C.S.I. High School for the deaf, the fourth respondent permitted the petitioner to work till she reached the age of superannuation. Unfortunately, the third respondent, by the impugned order, has denied the grant of approval. However, in view of the fact that there was no qualified teacher to teach the deaf and dumb students in the C.S.I. High School for the deaf, the fourth respondent permitted the petitioner to work till she reached the age of superannuation. Therefore, by following the order passed by this Court in W.P.Nos.25789 and 25790 of 2001 dated 26.10.2010, a suitable direction should be given to the third respondent to grant approval and also a further direction to pay the salary for the period the petitioner worked. 4. The learned Additional Government Pleader for the respondents 1 to 3, in reply, by bringing to the notice of this Court the proceedings dated 26.3.2013 issued by the third respondent, submitted that the petitioner was paid with a sum of Rs.6,80,705/-as per the interim direction of this Court dated 4.3.2013. 5. Since a part of the salary has already been paid to the petitioner, in the light of the order passed by this Court in W.P.Nos.25789 and 25790 of 2001 dated 26.10.2010 giving direction to regularise the service of the petitioners therein by granting approval will be more appropriate, accordingly, this Court is inclined to set aside the impugned order passed by the third respondent or else it would lead to discrimination offending Article 14 of the Constitution of India. Moreover, the higher qualification can not be taken as a disqualification for granting approval. It must be also mentioned that when this Court has already taken a view in the aforesaid writ petitions that the G.O.Ms.No.203, Education, Science and Technology Department dated 19.3.96 cannot be legally sustained in view of the fact that the aforesaid Government Order issued by the Education department is covering all kinds of schools for normal children, namely, Backward Class Welfare Schools, Kallar Reclamation Schools, Schools run by the Forest Department, Harijan Welfare Schools and Reformatory Schools, the third respondent should not have refused the approval to the petitioner. Accordingly, by quashing the impugned order, the writ petition stands allowed, as a result, the third respondent herein, having paid a sum of Rs.6,80,705/-by virtue of the interim direction, is further directed to disburse the rest of the salary for the period the petitioner worked till she reached the age of superannuation, within a period of two months from the date of receipt of a copy of this order. No costs.