Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.JOTHIRAMAN
Justin Raj – Appellant
Versus
Principal Secretary, School Education Department – Respondent
| Table of Content |
|---|
| 1. petitioner's appointment was unapproved despite prior rulings. (Para 1 , 2) |
| 2. arguments regarding legal status of petitioner's appointment. (Para 3 , 4) |
| 3. court's observations on contempt and adherence to prior orders. (Para 5 , 6 , 7 , 8) |
| 4. order to implement division bench ruling due to prior judicial decision. (Para 9) |
| 5. writ petition allowed and connected matters closed. (Para 10) |
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 01.11.1
Court emphasized compliance with prior mandates for salary disbursement, clarifying that appointment in non-sanctioned posts does not eliminate rights established by previous rulings.
Court emphasized compliance with previous judgments and directed approval of the petitioner's appointment and salary disbursement.
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....
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
