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2023 Supreme(Online)(MAD) 24435

2023:MHC:3201 IN THE HIGH COURT OF JUDICATURE AT MADRAS Orders Reserved on : 07..07..2023 Orders Pronounced on : 18..07..2023 THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition Nos.1422 and 5596 of 2022 and W.M.P.Nos.1563 & 5684 of 2022 W.P.No.1422 of 2022 Mrs.Revathi ..... Petitioner -Versus-

1.Central Board of Secondary Education, Siksha Kendra, 2, Community Centre, Preet Vihar, New Delhi – 110 092.

2.The Directorate of School Education, DPI College, Campus Road, Chennai.

3.The Director, Army Welfare Education Society (AWES), HQ Delhi Area, Delhi Cantonment – 110 010.

4.The Chairman, Army Public School, Chennai, Head Quarter – Dakshin Bharat Area, Island Ground, Chennai 600009. 5.Army Public School, Chennai, Through its Manger (Chairman's Nominee), 60 Feet Road, Nandambakkam, Chennai 600089. ..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of impugned letter dated 12.11.2021 vide proceedings No.298/APS/Ch/AWES passed by the 4th respondent and consequently directing the respondents 4 and 5 to issue confirmation order as enlisted in the Application submitted by the 5th respondent School in the Final Submission dated 21.05.2012 to the petitioner within a stipulated time.

W.P.No.5596 of 2022 K.N.Pandi Thurai ..... Petitioner -Versus-

1.Central Board of Secondary Education, Siksha Kendra, 2, Community Centre, Preet Vihar, New Delhi – 110 092.

2.The Directorate of School Education, DPI College, Campus Road, Chennai.

3.The Director, Army Welfare Education Society (AWES), HQ Delhi Area, Delhi Cantonment – 110 010.

4.The Chairman, Army Public School, Chennai, Head Quarter – Dakshin Bharat Area, Island Groud, Chennai 600009.

5.Army Public School, Chennai, Through its Manger (Chairman's Nominee), 60 Feet Road, Nandambakkam, Chennai 600089. ..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of impugned relieving order in letter No.APSC/RO/2022/2 dated 28.02.2022 passed by the 5th respondent and to quash the same and to direct the respondents 4 and 5 to issue confirmation letter thereby regularizing the petitioner in connection with his appointment of TGT (Mathematics) Teacher post with effect from the completion of one year of probationary period i.e., from 03.04.2017 with all monetary benefits as per judgement rendered in W.P.(C) No.1439 of 2013 dated 30.08.2013, which was upheld by the Division Bench of Delhi High Court by judgement dated 29.10.2015 and the same was confirmed by the Hon'ble Supreme Court of India in by order dated 12.02.2016 in SLP (C)

No.3609 of 2016.

For Petitioner : Mr.N.Vijaya Bhaskar &

Ms.B.Keerthi Vasan for M/s.Law Vision for petitioner in W.P.No.1422 of 2022 Mr.N.G.R.Prasad for M/s.Law Vision for petitioner in W.P.No.5596 of 2022 For Respondents : Mr.G.Nagarajan for R1 in both Writ Petitions Mr.P.Baladhandayutham, Spl. Government Pleader for R2 in both Writ Petitions Lieutenant Colonel Ganesan for RR4 & 5 in both Writ Petitions No Appearance for R3 in both Writ Petitions

COMMON ORDER

W.P.No.1422 of 2022 challenges the letter of the 4th respondent dated

12.11.2021 vide proceedings No.298/APS/Ch/AWES passed by the 4th respondent and seeks a writ in the nature of mandamus, directing the respondents 4 and 5 to issue a confirmation order as enlisted in the Application submitted by the 5th respondent School in the Final Submission dated

21.05.2012 to the petitioner within a stipulated time; and W.P.No.5596 of 2022 challenges the relieving order issued by the 5th respondent in letter No.APSC/RO/2022/2 dated 28.02.2022 in respect of the petitioner and seeks a direction to the respondents 4 and 5 to issue a confirmation letter thereby regularizing his appointment as TGT (Mathematics) Teacher with effect from the completion of one year of probationary period i.e., from 03.04.2017 with all monetary benefits.

2. The brief facts leading to the filing of W.P.No.1422 of 2022 are as follows:-

(a) The petitioner completed her B.Sc., (Chemistry) in 1990. She worked as a Science Teacher in Lord Krishna Matric School for Classes VI to VIII for the subjects of Physics, Chemistry, Botany and Zoology. Thereafter, she joined B.Ed., in Madurai Kamaraj University, Madurai and completed the course in

1992-93. After completion of her B.Ed., degree, she worked as Science Teacher in Mydeen Matric School, for classes VI to X.

(b) In the mean time, on 23.03.2002 she obtained a Diploma in School Administration through S.E.T. Madurai. She worked as a Chemistry Teacher at ARR Matric Higher Secondary School from 2004 to 2006 for IX and X standards. She took one year break. Then, she joined Velammal Matric Higher Secondary School, Surapet, Chennai as Chemistry Teacher for classes VI to IX and worked as such from 2007-2010. She also worked as NCC Cadet Teacher in that school since she held 'C' Certificate in the course.

(c) She participated in the Written Test conducted by the 3rd respondent for Teachers of Army Welfare Education Society, Delhi, and got selected. She attended the interview on 21.02.2011 at Bangalore and got appointed as Science Teacher in Army Public School , Chennai, on 03.05.2011. At the time of appointment, she was informed by the 3rd respondent that the teachers should pass out Central Teacher Eligibility Test (CTET). Accordingly, she got through CTET conducted by Central Board of Secondary Education (CBSE), Delhi.

(d) On 03.11.2011, she got appointed as a Trained Graduate Teacher (TGT) in the 5th respondent school for a period of 3 years. On completion of 3 years, though she was terminated on 03.05.2014 by the respondents 4 & 5, without any break, she was reappointed on 03.05.2014 on ad hoc basic for a further period of one year from 12.05.2014 to 11.05.2015. Again she was terminated on 11.05.2015 and after a week's time, she was taken back as a temporary teacher. Again on 31.10.2015, a letter of appointment was issued appointing her as TGT Science Teacher. On 30.10.2018, she was again terminated and reappointed on 08.11.2018. On 27.02.2021, she was again terminated and order of termination was issued on 31.03.2021. Subsequently, she was again reappointed on 07.04.2021 for a period of three years as TGT Science Teacher.

(e) In the mean time, on the information which she got through the Right to Information Act, she came to know that her appointment which was made on 03.05.2011 got confirmed on 31.03.2012 and her second appointment which was made on 08.11.2018 got confirmed on 31.03.2012 and she became a permanent teaching staff and she could not be termed as a contractual staff. Suppressing the earlier two confirmation of appointments dated 31.03.2012 and 08.11.2019, the respondents 4 & 5 issued termination orders repeatedly. It is highly illegal and unlawful. She should be treated as permanent teaching staff w.e.f. 31.03.2012 and placed under permanent category.

(f) One Vasantha Pushpam was appointed as a Computer Teacher by the

5th respondent in March, 2021 in a regular post without any contract of appointment or any

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