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2014 DIGILAW 3137 (MAD)

V. Merlin Rathna v. Chief Educational Officer, Tirunelveli

2014-09-05

R.MAHADEVAN

body2014
Judgment : 1. Since a common issue is involved in both the Writ Petitions, they were heard together and they are disposed of, by means of this Common Order. 2. The case of the petitioner is that she completed B.Sc., and B.Ed., Degrees, in the year 2002. On 05.06.2009, she was appointed by the third respondent in the fourth respondent Schaffter Higher Secondary School as a BT Assistant. The respondents 3 and 4 forwarded a proposal to the respondents 1 and 2, seeking approval of appointment of the petitioner, along with five other teachers. The second respondent, by his communication, dated 18.02.2011, rejected the said proposal on the ground that out of 29 posts of Teachers, sanctioned to the fourth respondent Schaffter Higher Secondary School, three posts were rendered as surplus. Thereafter, the respondents 3 and 4 selected three Teachers, out of the said six Teachers. As the petitioner was one among the selected Teachers, a proposal was submitted to the second respondent seeking approval of her appointment. While so, one Mrs. Jeniffa Sorna Rani, the fifth respondent herein, who was not selected, filed W.P.[MD].No.4385 of 2011, challenging the appointment of the petitioner herein. By order, dated 29.09.2011, the said Writ Petition was dismissed, as withdrawn, without granting any leave to file a fresh Writ Petition, on the same cause of action. As the said Writ Petition was dismissed, the petitioner made a request to the respondents 3 and 4 to forward the proposal, once again to the respondents 1 and 2, for the approval of her appointment. Since no action has been taken, the petitioner has come forward to file W.P. [MD].No.13067 of 2011. 3. Since the Writ Petition filed by the fifth respondent herein was dismissed, as withdrawn, she submitted a resignation letter to the Correspondent, Schaffter Higher Secondary School, on 23.08.2012. The fourth respondent, accepting the same, sought for the approval from the third respondent, by his letter, dated 20.09.2012. However, the second respondent, by his proceedings, dated 02.05.2013, accepted the cancellation of the resignation and recommended for the sanction of the medical leave. The first respondent, by the proceedings, dated 14.06.2013, accepted the cancellation of the resignation of the fifth respondent and sanctioned medical leave, which is under challenge in W.P.[MD].No.10961 of 2013. 4. However, the second respondent, by his proceedings, dated 02.05.2013, accepted the cancellation of the resignation and recommended for the sanction of the medical leave. The first respondent, by the proceedings, dated 14.06.2013, accepted the cancellation of the resignation of the fifth respondent and sanctioned medical leave, which is under challenge in W.P.[MD].No.10961 of 2013. 4. Today, when the Writ Petitions came up for hearing, the learned counsel appearing on behalf of the Schaffter Higher Secondary School, placed before this Court a proceedings, dated 02.09.2014, issued by the Correspondent, Schaffter Higher Secondary School, stating that on the basis of the letter of requisition given by the said Mrs.Jeniffa Sorna Rani, the fifth respondent herein, she will be relieved from the Schaffter Higher Secondary School, so as to enable her to join duty as BT Assistant, at ADH High School, Periyanayakipuram. 5. The learned counsel appearing on behalf of the petitioner submits that in view of the subsequent developments, the claim of the petitioner may be directed to be considered by the respondents. 6. The learned counsel appearing on behalf of the management submits that the claim of the petitioner to send proposal, seeking approval of her appointment will be made, in accordance with law. 7. In view of the above, these Writ Petitions are disposed of, with a direction to the respondents 4 and 5, to submit the proposal to the respondents 1 and 2, who shall consider the same, for the approval of her appointment as BT Assistant in the fourth respondent school. Upon such approval, it is open to the authorities concerned, to consider the settlement of arrears from the date of her appointment. No costs. Consequently, connected Miscellaneous Petitions are closed.