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2009 Supreme(SC) 1509

TARUN CHATTERJEE, R.M.LODHA
State of Tamil Nadu – Appellant
Versus
Amala Annai Higher Secondary School – Respondent


Advocates Appeared:
For the Appellants :E. Padmanabhan, Sr. Adv., S. Thananjayan, Advocates.
For the Respondent:C. Selvaraju, Sr. Adv., Ms. Mary Mitzy, Deepak Jian, Anil Kaushik, G.S. Chauhan, Shiv Prakash Pandey, Advocates.

JUDGEMENT

R.M. Lodha, J.—

1. Leave granted.

2. The State of Tamil Nadu and its functionaries have preferred this appeal by special leave against the judgment dated March 18, 2008 passed by the Division Bench of Madras High Court whereby it dismissed writ appeal preferred by the appellants and affirmed the order dated December 4, 2006 of the Single Judge directing the 1st appellant herein to sanction one post of Junior Assistant to the Respondent No. 1 from June 1, 1994.

3. Amala Annai Higher Secondary School (hereinafter referred to as, ‘AAHS School’) was originally a middle school. AAHS School was upgraded as high school from academic year 1988-89 w.e.f. June 13, 1988. All the posts of the middle school were absorbed in the high school. At the time of upgradation of the school from middle school to high school, the strength of students was less than 300. One Ms. Rosary was appointed by the management as a Junior Assistant on the very same day the school was upgraded from middle school to high school without getting approval from the Competent Authority. The management of the school then made a request to the Competent Authority for sanction of one post of Junior Assistant which wa


















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