Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.JOTHIRAMAN
Justin Raj – Appellant
Versus
Principal Secretary, School Education Department – Respondent
ORDER
This writ petition has been filed to quash the impugned order in Na.Ka.No.3439m1/2018 dated 28.08.2018 passed by the fourth respondent and quash the same and consequently direct the respondents to approve the petitioner's appointment and disburse the salary and other monetary and terminal benefits in the light of the judgment in W.P.No. 415, 436 of 1989 dated 24.03.2008 and G.O.Ms.No.40 dated 04.03.2014 School Education Department within a time frame.
2.It is stated in the affidavit that the petitioner was appointed as Craft Teacher (Agriculture) in the fifth respondent School on 18.01.1988. He attained superannuation on 31.05.2010. The fifth respondent School is a Christian Minority Institution and which has been getting aid from the Government and the aid was given till 01.11.1987. Thereafter, the aid was stopped by the Government. Hence, several writ petitions were filed by the Management of the Minority Institutions before the Madras High Court and the fifth respondent has also filed W.P.No.425, 436 of 1989, which were allowed. The Government has taken the matter upto Hon'ble Supreme Court and the Hon'ble Supreme Court has affirmed the judgment of this Court and directed th
Court emphasized compliance with prior mandates for salary disbursement, clarifying that appointment in non-sanctioned posts does not eliminate rights established by previous rulings.
The court emphasized the need for a detailed enquiry into the appointment of the petitioners and highlighted the importance of compliance with rules for salary release and eligibility determination.
The court emphasized the importance of adhering to recruitment bans and upheld the school's right to make decisions regarding appointments and terminations within the self-finance section.
The approval of appointments against sanctioned posts in education must be respected, and arbitrary cancellation without valid justification is impermissible.
The court held that a petitioner selected prior to a government resolution is entitled to regular pay-scale instead of a fixed salary, quashing the tribunal's contrary decision.
Appointments obtained through forged documents are void ab initio, and failure to comply with verification processes undermines claims to employment despite long service, reaffirming minority institu....
Half of service rendered under the State Government in non-provincialised service, consolidated pay, honorarium or daily wages basis on or after 1st January 1961 in respect of Government employees ab....
The central legal point established in the judgment is that the petitioner, as a teacher in a private school, was entitled to receive salary and continuity of service for the period she worked, and t....
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
