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2014 Supreme(Mad) 990

R.MAHADEVAN
Correspondent, Devi Higher Secondary School, Kunnamgal – Appellant
Versus
Chief Educational Officer, Kanyakumari District at Nagercoil – Respondent


Advocates Appeared:
For the Petitioner:Isaac Mohanlal, Advocate.
For the Respondents:J. Gunaseelan Muthiah, Government Advocate.

Judgment

R. Mahadevan, J.

1. Challenge in this Writ Petition is to the orders, dated 08.12.2007 and 18.10.2008, rendering one post of BT Assistant as surplus in the petitioner school and for a direction to the second respondent - District Educational Officer to approve the appointment of Tmt. M.R. Shiju Rajan, as the second BT Assistant in the petitioner school, with effect from 04.06.2007 and disburse grant-in-aid towards her salary and allowances.

2. The case of the petitioner school is that it offers education from standards VI to XII. The total strength of the school is 366. There are 12 teachers [1 Headmistress, 7 PG Assistants, 2 BT Assistants and 2 Secondary Grade Teachers]. On account of retirement of the then incumbent, Tmt. Y. Premavathy, with effect from 31.05.2007, one Tmt. M.R. Shiju Rajan was appointed as BT Assistant, with effect from 04.06.2007. The petitioner school forwarded a proposal to the second respondent, on 14.08.2007, seeking to disburse grant-in-aid towards her salary. However, by the impugned orders, the first respondent rejected the claim of the petitioner school holding that one post of BT Assistant is surplus.

3. The learned counsel appearing for the

















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