The court ruled that a vocational instructor should be regularized from the date of obtaining qualifications, emphasizing the relevance of G.O. (Ms) No. 35 over G.O. (Ms) No. 74.

JUDGMENT :

Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order of this Court dated 18.06.2021 passed in W.P. (MD) No. 16014 of 2019.

1. The respondents in W.P. (MD) No. 16014 of 2019, aggrieved by the order of the learned Single Judge, dated 18.06.2021 by which order, the learned Single Judge had allowed the Writ Petition, have filed the present Writ Appeal.

2. The learned Single Judge in the course of the order had stated as follows:

8. In view of the above facts, the petitioner is entitled to the relief sought for in the Writ Petition. The respondents are directed to fix the time scale of pay to the petitioner from 10.06.2002, when the petitioner's juniors S. Sivagamasundari and N. Ramachandran were brought on time scale of pay and regularize her service, when her juniors were regularized and pay all arrears and salary from the year 2002.

3. The said Writ Petition in W.P. (MD) No. 16014 of 2019 had been filed in the nature of a Mandamus seeking a direction against the appellants herein to fix a time scale of pay from 10.06.2002 based on G.O. (Ms) No. 74, School Education Department, dated 10.06.2002 and regularize the petitioner therein from 10.06.2002 based on the representations dated 02.03.2019 and 06.05.2019.

4. It is evident that two factors have been stated in the said relief sought in the Writ Petition. The first one is about G.O. (Ms) No. 74, School Education Department, which was brought into effect from 10.06.2002 and the second is that, the writ petitioner claimed that she fell under the ambit of the aforementioned Government Order and sought regularization and fixing of time scale of pay from the date of effect of the aforementioned Government Order.

5. G.O. (Ms) No. 74, School Education Department, dated 10.06.2002, will not strictly apply to the facts of the writ petitioner and therefore, need not be traversed by us. Rather, Government Order in G.O. (Ms.) No. 35, again had been passed by the School Education Department, dated 09.02.2007. By this Government Order, the Government had taken into consideration the appointment of Vocational Teachers through Parent Teachers Association and the representation given by such appointees to regularize the service. By the said Government Order, it had been stated that on and from the date on which the requisite qualification through discharge duty as Vocational teachers, their services could be regularized.

6. The writ petitioner had been knocking the door of this Court on several occasions. She had been appointed as part time Vocational Instructor, (dress, designing and making) on 27.06.1996 in Government Girls Higher Secondary School, Pattukkottai. She was working as double part time vocational instructor and according to her, she had taken 24 periods per week. At that time, when she was so appointed, she only had 12th standard qualification and she was not qualified to work as vocational instructor (dress, designing and making). It is the grievance of the learned Government Counsel on behalf of the appellant that the petitioner had been appointed by the Parent Teachers Association of the School and that she had an additional qualification, viz. she was the daughter of the President of the Parent Teacher Association. It is contended that the very appointment is improper. It is that ground which has been urged by the learned Government Counsel who argued the Writ Appeal. It is stated that the entry of the writ petitioner's service is questionable and therefore, the Court cannot issue a Writ of Mandamus, directing regularization of the service. But, as stated above, the writ petitioner had approached the Court on several occasions and various orders have been passed.

7. After one of the orders, consequent to the filing of a Contempt Petition by the petitioner herein, by means of a proceedings of the Director, School Education Department, he had given a list of 44 part time vocational teachers and stated that they will be brought into regular service.