Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.S. SIVAGNANAM, J.
Dr. S. Selvakumari, M.A., M.Ed., M.Phil (Tamil), M.Phil (Edn.), Ph.D., Assistant Professor (Retired), Tamil Department, Meston College of Education, Royapettah, Chennai - Petitioner
Versus
The Government of Tamil Nadu, Rep., by its Secretary to Government, Higher Education Department, Fort St., George, Chennai & Others - Respondent
Writ Petition No. 83 of 2020 & Contempt Petition No. 1245 of 2019
Decided On : 12-03-2021
Writ Petition - Appointment Dispute - G.O.Ms.No.350, Higher Education, dated 09.09.2009 - [Tamil Lecturer Appointment] - [G.O.Ms.No.256, dated 25.06.2008, Contempt of Courts Act, 1971, Article 226 of the Constitution of India] - The court discussed the appointment dispute of a Tamil lecturer in a college, referencing G.O.Ms.No.350, Higher Education, dated 09.09.2009, and G.O.Ms.No.256, dated 25.06.2008. The court emphasized that the petitioner's appointment was not in a sanctioned post and therefore, the government was not obligated to pay her salary from the government grant.
Fact of the Case:
The petitioner challenged the rejection of her appointment as Assistant Professor in the Department of Tamil and sought approval as Lecturer in Tamil with consequential benefits. The court analyzed the appointment process, rejection of approval, and subsequent legal proceedings.
Finding of the Court:
The court found that the petitioner's appointment was not in a sanctioned post, and therefore, the government was not obligated to pay her salary from the government grant. The court dismissed the writ petition and the contempt petition.
Issues: The main issue was whether the petitioner's appointment as a Tamil lecturer should be approved and whether the government was obligated to pay her salary from the government grant.
Ratio Decidendi: The court held that the petitioner's appointment was not in a sanctioned post, and therefore, the government was not obligated to pay her salary from the government grant.
Final Decision: The writ petition and the contempt petition were dismissed by the court.
JUDGMENT :
Prayer: Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the entire records connected with the impugned order passed by the second respondent vide his proceedings in Na.Ka.No.23322/G1/2018, dated 01.08.2019 and quash the same and consequently direct the second respondent to sanction the post and thereby approve the appointment of the petitioner as Lecturer (Tamil) in the fourth respondent College with effect from 01.07.2008 (ie) the date of completion of M.Phil Education Degree till the end of the academic year i.e 31.5.2016, as per G.O.Ms.No.350, Higher Education, dated 09.09.2009, on the basis of the proposal of the fourth respondent dated 17.06.2009 and 2.3.2010 and with all consequential monetary and terminal benefits.
Petition under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for wilfully disobeying the common order and punish the respondents for non-compliance of the order passed in Contempt Petition No.2402 of 2018 in W.P.No.39010 of 2015 dated 26.10.2018.
In W.P.No.83 of 2020, the petitioner has challenged the order passed by the Director of Collegiate Education, the second respondent dated 01.08.2019, rejecting the proposal sent by Meston College of Education (hereinafter referred to as “the respondent-College”) seeking approval of the appointment of the petitioner as Assistant Professor in the Department of Tamil on the ground that no post was sanctioned to accommodate the petitioner and therefore, no grant is payable to the College and in turn, to the petitioner. The petitioner seeks for a consequential relief to approve her appointment as Lecturer in Tamil in the respondent-College with effect from 01.07.2008 on the date of completion of M.Phil., in Tamil till the end of the academic year, i.e., 31.05.2016 with all consequential monetary and terminal benefits.
2. Contempt Petition No.1245 of 2019 has been filed alleging wilful non-compliance of the order and direction in Contempt Petition No.2402 of 2018, dated 26.10.2019. The said contempt petition in Cont.P.No.2402 of 2018 was filed alleging wilful disobedience of the order dated 21.02.2017 in Writ Petition No.39010 of 2015, which was filed by the petitioner challenging the order passed by the University of Madras and directing the respondents therein to sanction the post of Lecturer in Tamil with effect from 14.08.2007 to the respondent/College and approve the appointment of the petitioner as Lecturer in Tamil with effect from 17.08.2007 with all monetary benefits till 09.09.2009 on the basis of the proposals of the respondent-College dated 17.06.2009 and 02.03.2010 and retirement and terminal benefits by considering her representations.
3. Before we go into the correctness of the order impugned in the writ petition, the following facts would be relevant. The respondent-College is an aided minority institution offering B.Ed., and M.Ed., Courses. The Management of the respondent-College issued a publication in the daily Hindu dated 20.05.2007 inviting applications for the post of Lecturer in Tamil prescribing qualification of 55% mark in B.Ed./M.Ed. The petitioner applied for the said post by application dated 22.05.2007. The University of Madras (the then affiliating University) constituted Recruitment Committee consisting of academic experts to conduct interview to the post, which was advertised by following the University Grants Commission Norms (UGC Norms). On the date of the application, the petitioner-s qualification was M.A., M.Ed., M.Phil., in Tamil and Ph.D. The petitioner appeared for the interview and the Recruitment Committee, vide minutes dated 14.08.2007, submitted its recommendation in favour of the petitioner to the Management, which was accepted and the petitioner was appointed as Lecturer in Tamil by order dated 17.08.2007. The Management forwarded its proposal to the University of Madras seeking approval of the petitioner-s qualificatio
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
