Interim court orders cannot validate illegal appointments made against statutory provisions governing educational posts.

JUDGMENT

(Made by R.VIJAYAKUMAR,J.)

The present writ appeal has been filed by the Education Department challenging the order passed by the writ Court in WP(MD).No.21495 of 2019 dated 22.10.2019.

2.The first respondent herein was appointed as a Waterman in the second respondent School on 01.20.2019 in the vacancy of one Jeyasingh who had attained superannuation on 31.01.2019. The second respondent School submitted a proposal to the authority on 28.03.2019 seeking approval for his appointment and for disbursement of grant-in-aid. The proposal was returned by the authorities by an order dated 15.05.2019 stating that as per G.O.Ms.No.238 School Education (Pa.Ka6(1) Department dated 13.11.2018, the post of Waterman has been abolished. The said order was put to challenge in the writ petition.

3.The writ Court has proceeded to allow the writ petition on the ground that the above said Government Order has been challenged and an order of status quo has been granted in WP(MD).No.11897 of 2019 and an order of interim stay has been granted in WP(MD).No.20505 of 2019. The writ Court further pointed out that, so far the final order has not been passed in the writ petition.

4.Based on the above said observations, the writ Court had directed the authorities to approve the appointment of the first respondent herein subject to the result of the writ petition in WP(MD).No.20505 of 2019 wherein the Government Order is under challenge.

5.Challenging the above said order, the present writ appeal has been filed by the Educational Authority.

6.The learned Government Advocate appearing for the appellants submitted that WP(MD).No.11897 of 2019 was dismissed by the writ Court on 08.02.2023 upholding the validity of G.O.Ms.No.238 School Education (Pa.Ka6(1) Department dated 13.11.2018. The said order was challenged in WA(MD).No.816 of 2023 wherein an order of interim stay of operation of G.O.Ms.No.238 School Education (Pa.Ka.6(1) Department dated 13.11.2018 has been granted taking into consideration that Sweepers and Scavengers are required in Schools with huge strength.

7.The learned Government Advocate also relied upon a judgment in WA(MD).No.201 of 2025 ( The Secretary to Government, Education Department, Chennai and others Vs.Subbulakshmi and another ) dated 19.03.2025 wherein the appeal filed by the Education Department challenging the writ Court order directing to grant approval to Record Clerk was set aside by a Co-ordinate Bench relying upon G.O.Ms.No.238, dated 13.11.2018.

8.The Government Advocate had further submitted that merely because there is an order of interim stay of operation of G.O.Ms.No.238 School Education (Pa.Ka. 6(1) Department dated 13.11.2018, the appointment of the first respondent herein cannot be made in violation of the said Government Order. He had further contended that the first respondent has been appointed as Waterman after issuance of G.O.Ms.238 and therefore, the appointment is clearly illegal under the said Government Order. Hence, the management cannot take advantage of the interim stay granted by the Division Bench in the year 2023 in order to get an approval for the appointment made in the year 2018.

9.Per contra, the learned counsel appearing for the respondents submitted that the first respondent was appointed in a post which fell vacant due to retirement of one Jeyasingh. Therefore, the appointment having been made to an sanctioned post on a retirement vacancy, should have been approved by the authorities. The post sanctioned under the statute cannot be taken away by way of a Government Order. He relied upon the interim order passed by this Court in WA(MD).No.816 of 2023 on 14.06.2026 wherein the operation of G.O.Ms.No.238 Schoo