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N. SATHISH KUMAR
J. Prema Anitha – Appellant
Versus
Director of Elementary Education, College Road, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the entire records connected with the impugned order passed by the 2nd vide Na.Ka.No.099/Aa4/2022, dated 30.11.2022 and to quash the same and consequently direct the 2nd respondent to approve the appointment of the petitioner as Secondary Grade Teacher in the 4th respondent School, w.e.f. 21.01.2019 with all consequential monetary benefits.)
1. This writ petition challenges order dated 30.11.2022 passed by the 2nd respondent vide his proceedings in Na.Ka.No.099/Aa4/2022 thereby refusing to grant approval of the appointment of the petitioner as Secondary Grade Teacher in the 4th respondent School and seeks a consequential direction for the grant of all monetary benefits as a result of approval w.e.f. 21.01.2019.
2. Heard both sides.
3. This is second round of litigation. The impugned order has been passed pursuant to the order of this court dated 30.11.2022 in W.P.No.1251 of 2020. G.O.Ms.No.165 dated 17.09.2019 has been declared as inoperative by a Division Bench of this court by judgement dated 31.03.2021 made in W.A.(MD) NO.76 of 2019.
4. Admit
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.
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 judgment and government order did not prohibit the approval of appointments made prior to its issuance.
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