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2024 Supreme(Online)(MAD) 24009
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 11.03.2024 CORAM THE HONOURABLE MR. JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR. JUSTICE K.KUMARESH BABU Writ Appeal No.1798 of 2021 and C.M.P.No.11260 of 2021 1.The Government of Tamil Nadu, Represented by its Secretary, School Educational Department, Fort St.George, Chennai 600 009.
2.The Director of School Education, College Road, Chennai 600 006.
3.The Joint Director, (Vocational) Education, College Road, Chennai 600 006.
4.The Chief Educational Officer, Villupuram District, Villupuram.
5.The District Educational Officer, Villupuram District, Villupuram.
6.The Headmaster, Government Girls Higher Secondary School, Ulundurpet 606 107, Villupuram District. ... Appellants Vs D.Gunasekar ... Respondent PRAYER: Writ Appeal has been filed under Clause 15 of Letter Patent against the order dated 10.09.2018 made in W.P.No.28473 of 2013. For Appellants : Mr.U.M.Racvichandran Special Government Pleader For Respondent : Ms.P.Mahalakshmi
Persons appointed as Vocational Instructors through Parents-Teachers Associations are entitled to regularisation of service and monetary benefits, subject to certain conditions.
Headnote:
Fact of the Case:
The State appealed against an order of the learned Single Judge setting aside the order of rejection passed by the third appellant and directing the absorption of the respondent as a full-time vocational Instructor from 01.09.1995 with all monetary benefits.
Finding of the Court:
The Court noted that the Government had issued a Government Order (2D) No.12, School Education Department, dated 23.02.2017, based upon the Government order issued in G.O.Ms.No.35, School Education Department, dated 09.02.2007, indicating regularisation of similarly placed persons appointed through Parents-Teachers Association into services.
Issues: Whether the respondent, a Vocational Instructor appointed through the Parents-Teachers Association, was entitled to be absorbed into service and receive monetary benefits.
Ratio Decidendi: The Court held that the respondent was entitled to be absorbed into service from the year 1995, but monetary benefits would be calculated only notionally and would be payable from the date of the order made by the learned Single Judge.
Final Decision: The Writ Appeal was dismissed, and the connected miscellaneous petition was closed.
JUDGMENT
(Judgement of the Court was made by Mr.R.SURESH KUMAR.,J.)
This Intra-Court Appeal had been preferred by the State as being ag-
grieved against the order of the learned Single Judge in setting aside the or- der of rejection passed by the third appellant herein and the consequential direction issued by the learned Single Judge to absorb the respondent as a full time vocational Instructor from 01.09.1995 and to pay all the monetary benefits.
2.When the matter was taken up for hearing, it was brought to the no-
tice of this Court that the Government in a similar circumstances had is- sued a Government Order (2D) No.12, School Education Department, dated 23.02.2017, based upon the Government order issued in G.O.Ms.No.35, School Education Department, dated 09.02.2007 had indicated regu- larisation of similarly placed person who was appointed through Parents-
Teachers Association into services.
3. The learned single Judge, even in the impugned order had placed reliance upon the Government order referred in G.O.Ms.No.35, School Ed- ucation Department, dated 09.02.2007, in giving relief to the respondent who was also Vocational Instructor appointed through the Parents-Teach-
ers Association of the Schools concerned.
4. In such factual scenario, we do not find any reasons to in-
terfere with the order impugned before us. However, considering the fact that the petitioner was directed to be absorbed from the year 1995 which we do not interfere with. We only hold that he will be entitled to all service ben- efits, however, with regard to the monetary benefits, the same shall be calcu-
lated only notionally and he would be entitled for the monetary benefits on and from the date of the order made by the learned Single Judge.
5. With the aforesaid observations, this Writ Appeal fails and is accordingly, dismissed. However, there shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
(R.S.K.,J.) (K.B., J.)
11.03.2024 Index: Yes/No Speaking Order/Non Speaking Order Neutral Citation:Yes/No gba R.SURESH KUMAR., J.
and K.KUMARESH BABU.,J.
gba Writ Appeal No.1798 of 2021
11.03.2024
