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2012 Supreme(Mad) 1433

High Court Of Madras
N.Paul Vasanthakumar J.
S.Rasheetha Banu - Appellant
Versus
State Of Tamil Nadu - Respondent
W.P. (MD). No. 12525 of 2011 and M.P. No. 1 of 2011
Decided on: Mar 21, 2012

Advocates:
Advocate Appeared:
G.Sankaran, S.Chandrasekaran

JUDGMENT

( 1. ) THE prayer in the Writ Petition is to issue a Writ of Mandamus directing the respondents 1 to 4 to approve the appointment of the petitioner in the post of Secondary Grade Teacher in the fifth respondent Minority School with effect from 1.4.1998 and to pay arrears of salary payable to her from the date of appointment along with interest and other consequential reliefs.

( 2. ) THE learned counsel appearing for the petitioner submits that the petitioner is not pressing the prayer insofar as it relates to interest portion alone. THE said submission made by the learned counsel for the petitioner is recorded.

( 3. ) THE facts of the case are as follows:

(i) THE petitioner had completed Diploma in Teacher Education and he is eligible for appointment to the post of Secondary Grade Teacher. THE fifth respondent school is a Minority School, where the post of Secondary Grade Teacher became vacant due to the retirement of one S.Murugan, who retired from service on 1.4.1998, in which the petitioner was appointed from 1.4.1998. THE said post is a sanctioned and approved post. Seeking to approve the appointment of the petitioner as Secondary Grade Teacher, a proposal was submitted to the authority concerned and the same was not considered due to the pendency of minority declaration suit before the Court. THE said proposal was returned with a direction to resubmit the same after the disposal of the Civil Suit and after obtaining minority status from the Government. (ii) THE fifth respondent Minority School was established in the year 1935 and is being administered by one Kadhar Mohideen. THE said school was granted recognition up to standards 1 to 5. THE fifth respondent school filed a Civil Suit in O.S. No. 455 of 1991, on the file of the learned Principal District Munsif, Tirunelveli, for declaration as Minority Institution. By Judgment and Decree dated 2.10.1992, the said suit filed by the fifth respondent school was dismissed. As against the same, the fifth respondent school filed an appeal in A.S. No. 3 of 1993, on the file of the learned Additional Subordinate Judge, Tirunelveli. By Judgment and Decree dated 10.9.1999, the said appeal was allowed reversing the Judgment and Decree dated 2.10.1992 passed by the learned Principal District Munsif, Tirunelveli. (iii) Aggrieved against the said Judgment and Decree dated 10.9.1999, the department filed S.A. No. 125 of 2001 before this Court. By Judgment and Decree dated 29.4.2008, the said Second Appeal was dismissed thereby confirming the Judgment and Decree dated 10.9.1999 passed by the Lower Appellate Court. After the above Judgments were passed, declaring the fifth respondent school as a Minority Institution, the said proposal was re-submitted to the third respondent through the fourth respondent on 16.2.2000 seeking to approve the appointment of the petitioner as Secondary Grade Teacher. THE fourth respondent herein forwarded the said proposal to the third respondent by proceedings dated 28.8.2000, wherein it is clearly stated that the petitioner was appointed on 1.4.1998 in the existing vacancy within the sanctioned strength, and therefore, her appointment can be approved. (iv) Since the said Second Appeal was pending, the proposal submitted by the fifth respondent school was not approved. After the dismissal of the said Second Appeal, the Government issued G.O(2D), School Education Department, dated 1.2.2011, conferring minority status on the fifth respondent school from the academic year 1990 -1991 with a further direction that the appointment of the petitioner as Secondary Grade Teacher with effect from 1.4.1998 and the appointment of another person as Headmaster with effect from 1.9.1993 shall be approved and arrears of salary to the tune of Rs.25,29,133/- in respect of the petitioner was also sanctioned. Even thereafter, the appointment of the petitioner was not approved and the petitioner is unable to get salary from 1.4.1998. THE third respondent, thereafter, instea








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