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2015 DIGILAW 1234 (MAD)

Jebakumari v. Director of Elementary School Education, Chennai

2015-03-03

K.RAVICHANDRA BAABU

body2015
Judgment 1. The petitioner seeks for a Writ of Mandamus directing the respondents 1 and 2 to regularize her service as a Secondary Grade Teacher from 12.08.2008 to 06.03.2013 with all service benefits and consequently disburse the salary and other monetary benefits. 2. The petitioner was appointed as a Secondary Grade Teacher on 12.10.1993. Thereafter, she was transferred to various Schools of C.S.I Diocese. Lastly, she was working as Secondary Grade Teacher in T.D.T.A Primary School at Ettiseri. The petitioner was promoted and transferred as Head Mistress of T.D.T.A Primary School, Panaiyur at Sankarankovil Range, through the proceedings of the Manager of the T.D.T.A Primary School, dated 11.08.2008. Eversince she was functioning as Head Mistress in the said School. One Paul Robert, claimed that he was posted as Headmaster of the very same School. Thereafter, the petitioner filed a writ petition before this Court in W.P(MD)No.8055 of 2008 seeking for a direction to permit her to continue as Head Mistress of the above said School. The writ petition was closed based upon the undertaking given by the Management that the proceedings will be taken in accordance with the principle of natural justice to set aside the order of promotion of the petitioner. Consequently, by an order dated 24.03.2009, the petitioner was reverted to the post of Secondary Grade Teacher and she was also directed to join duty at Ettiseri School. 3. Though the petitioner challenged the said proceedings in W.P(MD)No.2647 of 2009, the same came to be dismissed on 03.09.2012. The petitioner joined in the Ettiseri School on 07.03.2013 and thereafter, she is regularly attending the duty therein. Now, the petitioner seeks for regularization of service during the litigation period i.e. 12.08.2008 to 06.03.2013. 4. On an earlier occasions when the matter was taken up for hearing, this Court directed the learned Additional Government Pleader appearing for the respondents to ascertain as to whether the post of Secondary Grade Teacher was kept vacant in Ettiseri School during the litigation period. 5. Today, the learned Additional Government Pleader produced the proceedings of the Assistant Elementary Educational Officer, Sankarankovil, dated 02.03.2015, informing that the post of Secondary Grade Teacher, was kept vacant at Ettiseri School from 12.08.2008 to 26.06.2012 and thereafter, the said post was surrendered before the Department. 6. 5. Today, the learned Additional Government Pleader produced the proceedings of the Assistant Elementary Educational Officer, Sankarankovil, dated 02.03.2015, informing that the post of Secondary Grade Teacher, was kept vacant at Ettiseri School from 12.08.2008 to 26.06.2012 and thereafter, the said post was surrendered before the Department. 6. The issue involved in this case as to whether the petitioner is entitled to get the regularization of her service period during the litigation period i.e. from 12.08.2008 to 06.03.2013. Admittedly, the petitioner was working at Ettiseri School and thereafter she was promoted and posted to Panayur, on 11.08.2008. 7. No doubt, the said order of promotion was subsequently, cancelled by the proceedings dated 24.03.2009 and the petitioner was agitating the matter before this Court challenging the said order of reversion. Therefore, it is evident that though the order of reversion was upheld by this Court, the petitioner was working as Head Mistress and even otherwise, the post which she was holding as Secondary Grade Teacher was kept vacant from 12.08.2008 to 26.06.2012 as admitted by the third respondent. 8. Therefore, I am of the view that the petitioner's service as a Secondary Grade Teacher has to be regularized by including the period from 12.08.2008 to 26.06.2012, as the said post was not at all filled up by the Management by appointing any other teacher in the said Ettiseri School. Insofar as the remaining period is concerned, namely, 11 months 9 days, the petitioner is not entitled to the salary. However the service of that period is also to be counted as Secondary Grade Teacher for the purpose of pension and other benefits. 9. Therefore, this Writ Petition is disposed of, by directing the respondents to regularize the service of the petitioner as Secondary Grade Teacher by including period from 12.08.2008 to 26.06.2012 with all monetary benefits and include the remaining period from 27.06.2012 to 06.03.2013 as the service period without monetary benefits. Such exercise shall be done by the second respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous petition is closed.