L. Baby Vijaya Rani v. State of Tamil Nadu, Rep. by its Secretary to Government School Education Department Secretariat, Chennai
2018-04-12
R.SURESH KUMAR
body2018
DigiLaw.ai
JUDGMENT : By consent, the writ petition is taken up for final disposal at the admission stage itself. 2. The prayer sought for in this writ petition is for a Writ of Mandamus directing the fourth respondent herein to approve forthwith the appointment of petitioner as Full Time Sweeper in the 5th respondent school from 11.04.2017 by considering the proposal submitted by the 5th respondent dated 15.02.2018 and to grant all benefits including service and monetary benefits. 3. Heard Mr.S.C.Herold Singh, learned Counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents 1 to 4. 4. The grievance of the petitioner is that, the 5th respondent is an aided recognized school, where, among various sanctioned non-teaching posts, due to the retirement of one T.Leela Bai, on 31.03.2016, the post of Sweeper fell vacant. Therefore, in the said vacant post, the petitioner was appointed as Sweeper by orders of the 5th respondent school dated 11.04.2017. Immediately, the petitioner joined in service and has been working in the 5th respondent school. 5. On 15.02.2018, the said appointment proposal was sent by the 5th respondent school to the 4th respondent for approval. However, the same has not been approved so far. According to the learned Counsel appearing for the petitioner, probably, the reason would be, that while making appointment in non-teaching staff post sanctioned by the Government, in an aided recognized school, prior permission be obtained. However, the said stand taken by the department had already been considered and rejected by this Court in the matter of Deva Asir Vs. The Secretary to Government, School Education Department and others reported in 2016 (3) LW 152 . 6. The learned Counsel appearing for the petitioner, relying upon the said judgment has submitted that while quashing the relevant Government Orders insisting upon such requirement of prior permission from the Government, in paragraph 38 of the said judgment, it has been held as follows: “In the result, for the details reasons mentioned above, (i) All these writ petitions are allowed. (ii) Impugned G.Os., namely, G.O.Ms.No.115, School Education Department, dated 30.05.2007 and G.O.Ms.No. 203, School Education Department, dated 23.07.2010 and Government Letter No.8884/D1/2011-2, dated 09.07.2012, are quashed.
(ii) Impugned G.Os., namely, G.O.Ms.No.115, School Education Department, dated 30.05.2007 and G.O.Ms.No. 203, School Education Department, dated 23.07.2010 and Government Letter No.8884/D1/2011-2, dated 09.07.2012, are quashed. (iii) The impugned orders of the DEOs/DEEOs refusing to approve of the appointments of various non-teaching posts in these writ petitions are set aside and the official respondents are directed to approve of those appointments of the non-teaching staff in the Private Aided Schools concerned in these writ petitions and to sanction grant. (iv) Wherever writ of Mandamus is sought for, a direction is issued to the respondents to approve of the appointments of the non-teaching staff in the Private Aided Schools and to sanction grant. (v) The official respondents are directed to comply with the aforesaid directions within a period of six weeks from the date of receipt of a copy of this order. However, there will be no order as to costs. Consequently, connected miscellaneous petitions are closed.” 7. Therefore, the learned Counsel appearing for the petitioner submits that in view of the said judgment and following the same, a number of orders have been passed in cases of this nature and therefore, there can be no further impediment for the fourth respondent to approve the appointment of the petitioner. 8. Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents would submit that pursuant to the said order of this Court in Deva Asir's case (cited supra), the Government, after having considered the issue, has issued a Government order only day before yesterday i.e., on 03.04.2018 in G.O.(Ms)No.64, School Education (Pa.Ka.6(1)) Department and the copy of the said Government Order is produced before this Court. 9. I have gone through the said Government Order and at paragraph No.4 of the said Government Order, the following orders have been passed which are extracted hereunder for easy reference: “TAMIL” 10. The learned Additional Government Pleader, by relying upon the present Government Order submits that, though for the present, the concerned authorities have been directed by the Government to approve the sanctioned post of non-teaching staff, certain new measures have also been directed by the Government to be undertaken by the said authorities, which is reflected at clause (iii), (iv) and (v) of the Government Order referred to above. 11. I have heard the learned Counsel appearing on both sides. 12.
11. I have heard the learned Counsel appearing on both sides. 12. Pursuant to the order passed by this Court in Deva Asir's case (cited supra), now, the Government has come forward to issue G.O.(Ms)No.64, School Education (Pa.Ka.6(1)) Department dated 03.04.2018, wherein at Clause 4(i) and (ii), the Government directed the concerned authorities to approve the appointment of non-teaching staff in the sanctioned post of the aided recognized school. 13. When the Government itself has come forward to issue a Government Order giving such directions to the approving authorities and in as much as appointment of the petitioner has been made only in a sanctioned post, the fourth respondent cannot have any other reason to withhold such approval and therefore, this Court feels that the petitioner is entitled to seek for a direction as has been prayed herein. 14. In that view of the matter, this Court is inclined to pass the following order: “The fourth respondent shall consider the proposal submitted by the fifth respondent School dated 15.02.2018 with regard to the appointment of the petitioner as Sweeper at the fifth respondent school in the light of G.O.(Ms)No.64, School Education (Pa.Ka.6(1)) Department dated 03.04.2018, particularly under Clause 4(i) and 4(ii) and pass necessary orders regarding approval of the said appointment within a period of four weeks from the date of receipt of a copy of this order. 15. With the above direction, the writ petition is allowed. However, in the circumstances of the case, there shall be no order as to costs.