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D. KRISHNAKUMAR
J. Prema Anitha – Appellant
Versus
Director of Elementary Education, Chennai – Respondent
JUDGMENT
(Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 2nd Respondent made in his proceedings in Na.Ka.No. 8448/ Aa2/ 2019 dated 08.12.2019 and quash the same and direct the Respondents 1 to 3 to approve the appointment of the petitioner in the 4th Respondent School from the date of her appointment and consequently direct the Respondents to pay the salary to the petitioner with arrears of salary.)
The prayer in the writ petition is to call for the records relating to the order of the 2nd Respondent made in his proceedings in Na.Ka.No. 8448/ Aa2/ 2019 dated 08.12.2019 and quash the same and direct the Respondents 1 to 3 to approve the appointment of the petitioner in the 4th Respondent School from the date of her appointment and consequently direct the Respondents to pay the salary to the petitioner with arrears of salary.
2. Heard both sides and perused the materials available on record.
3. According to the learned counsel appearing for the petitioner, the writ petitioner was appointed as Secondary Grade Teacher in the fourth respondent School on 18.
The judgment and government order did not prohibit the approval of appointments made prior to its issuance.
Government Order G.O.Ms.No.165 is not applicable retrospectively to appointments made prior to its issuance, ensuring approval must be granted for such cases.
The court emphasized the importance of considering the proposal for approval of appointment based on prescribed norms and rules, despite the inoperative government order.
The main legal point established is that the appointment proposal should be approved if it satisfies all prescribed norms and rules and there are no surplus teachers in the school.
The main legal point established in the judgment is that obtaining permission from the competent authority before making an appointment in an educational institution is crucial for approval, and the ....
The court emphasized the need for the petitioner to comply with the queries raised by the respondent and directed the respondent to consider the application for approval within a specified timeframe.
Approval of appointment based on prior approval proposals and representations.
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