The court emphasized the necessity to consider prior judicial orders and the long service of teachers when determining staff approvals, ruling against dismissals based on surplus declarations without proper evaluation.

JUDGMENT :

L.VICTORIA GOWRI, J.

These writ appeals are filed against the order dated 19.05.2022 passed by the learned Single Judge of this Court, dismissing the writ petitions filed by the respective writ petitioners, namely, B.Siva Sankari and R.Tamil Selvi, challenging the impugned staff fixation made by the respondent authorities with respect to TELC Middle School, Peraiyur road, Usilampatti, Madurai District, and further seeking to direct the respondent authorities to approve the appointment of the respective writ petitioners in the aforesaid TELC Middle School as Secondary Grade Teachers.

2.One Secondary Grade Teacher post fell vacant on 13.01.2010 in the 5^th respondent school due to the resignation of the then incumbent, one V.Veni on 12.01.2010 and in the said vacancy B.Siva Sankari was appointed on 01.07.2010. The school submitted a proposal to DEEO on 13.07.2011, requesting to approve the appointment. Another post of Secondary Grade Teacher fell vacant on 02.07.2010 due to the transfer of the then incumbent, one M. Rajeshwari, on 01.07.2010, to another school under the same management, namely, Y.M.C.C Middle School, Madurai. In that vacancy, the school appointed one R.Tamil Selvi as Secondary Grade Teacher with effect from 02.07.2010. The school submitted the proposal on 13.07.2011, requesting to approve the appointment of one R.Tamil Selvi.

3.In the meanwhile, the second respondent/ DEEO without approving the appointment of the appellants herein, finalized the staff fixation for the 5^th respondent school for the academic years 2009-2010 and 2010-2011 on 13.12.2010, in which one post of Secondary Grade Teacher was rendered as surplus for the academic year 2009-2010. However, for the academic year 2010-2011, two posts of Secondary Grade Teachers were rendered surplus in the 5^th respondent school. Hence, the 5^th respondent school submitted a representation requesting the 2^nd respondent to re-consider and re-fix the staff strength on 07.01.2011. Since the 5^th respondent school's proposal to approve the appointment of the appellants herein was kept pending by the second respondent, the appellants herein filed the writ petitions in W.P.(MD)Nos.18856 and 18857 of 2017 respectively, challenging the staff fixation dated 13.12.2010 and further praying to direct the District Elementary Educational Officer to approve the appointment of the appellants / petitioners as Secondary Grade Teachers with effect from their date of appointment. Relying upon the full bench judgment in the case of Director of Elementary Education vs. Thirumathi. S.Vigila reported in 2006 5 CTC 385, the learned single judge dismissed the writ petitions for the reason that when the posts are declared as surplus, the school is not entitled to fill up the posts and concluded that the appointments of both the teachers are not in accordance with law by the impugned order dated 19.05.2022.

4.The impugned staff fixation for the academic years 2009-2010 and 2010-2011 was finalized by the second respondent by proceedings dated 13.12.2010. In the said proceedings for the academic year 2009-2010, one Secondary Grade Teacher post has been rendered surplus, and for the academic year 2010-2011, two Secondary Grade Teacher posts have been rendered as surplus. Challenging the said staff fixation, the 5^th respondent school filed a writ petition in W.P.(MD)No.7698 of 2014 and this Court, by order dated 20.08.2019, disposed of the aforesaid writ petition, and the operative portion of the same is extracted as follows:

“The inspection report of the District Elementary Educational Officer regarding the Fixation of Staff strength is sought to be quashed in the present writ petition. Further, a direction is sought for to direct the third respondent to approve the appointments of B. Siva Sankari as Secondary Grade Teacher with effect from 01.07.2010 and R.Tamilselvi as Secondary Grade Teacher with effect from 02.07.2010.

2.The teachers, who were appointed by the writ petitioner management,