BEFORE THE MADRUAI BENCH OF MADRAS HIGH COURT DATED :
05. 12.2014 CORAM THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition(MD)Nos.11785 to 11796 of 2014 and Connected Miscellaneous Petitions W.P(MD)No.11785 of 2014 D.Georlin Noble ... Petitioner Vs. 1) The Joint Director of School Education, (Secondary Education), Chennai-600 006. 2) The District Educational Officer, Thoothukudi District. 3) The Correspondent, TDTA Higher Secondary School, Christianagaram, Thoothukudi District-628 203. 4) The Correspondent, Amburose Higher Secondary School, Megnanapuram, Thoothukudi District-628 210. ... Respondents Prayer Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in Na.Ka.No.3067/A3/2014 dated 06.06.2014 on the file of the 2nd respondent and quash the same and further directing the respondents 1 and 2 to grant approval to the petitioner's promotion as Junior Assistant and his transfer with efffect from 08.03.2013. !For Petitioner (in all WPs) : Mr.G.Prabhu Rajadurai ^For R1 & R2 (in all WPs) : Mr.S.Kumar, AGP For R3 & R4(in all WPs) : No appearance :COMMON ORDER
In all the writ petitions, the petitioners have challenged their respective impugned orders passed by the District Educational Officer, Thoothukudi District/2nd respondent in all the writ petitions, refusing to grant approval for their promotions as Junior Assistants, Lab Assistants, Record Clerks respectively. In so far as the petitioner in W.P.No.11796/2014, the rejection of approval of his transfer is under challenge.
2. Mr.G.Prabhu Rajadurai, learned counsel appearing for the petitioners in all the writ petitions submitted that after the promotions of the petitioners to the non teaching posts, the 3rd respondent/ Correspondent, TDTA Higher Secondary School, Christianagaram, Thoothukudi District, forwarded the proposals to the 2nd respondent/District Educational Officer, Thoothukudi District, for approval of the promotions of the respective petitioners and in so far as the petitioner in W.P.No.11796/2014, proposal was for approval of his transfer to the 4th respondent school, but there was no response from the 2nd respondent due to which, the petitioners were not paid with salary from the date of their promotions/transfer, however, in view of the ban order imposed in G.O.Ms.No.212, Personnel and Administrative Reforms Department, the 2nd respondent rejected the aforesaid proposals seeking approval vide respective impugned orders. Aggrieved by the same, the petitioners have come to this Court.
3. Learned counsel appearing for the petitioners further submitted that the ban order imposed in G.O.Ms.No.212 cannot be made applicable to the case of the petitioners as it is applicable only to new appointments, but the case of the petitioners stands on a different footing as prior to their promotions as Junior Assistants, Lab Assistants, Record Clerks respectively, they were promoted and working as Record Clerks and Office Assistant and the same were approved by the Joint Director of School Education(Secondary Education), Chennai/1st respondent in all the writ petitions as they were promoted in sanctioned posts in the 3rd respondent school.
4. It is further submitted that while the respondents 1 and 2 are refusing to grant approval of the promotions of the petitioners herein, in similar circumstances, they have passed orders granting approval of promotions to the non teaching staff in Thindivanam, Tirunelveli, Kanyakumari and Kuzhithurai districts since approval for the promotional posts which is admittedly and indisputably a sanctioned non teaching post.
5. A detailed counter affidavit has been filed by the District Educational Officer, Thoothukudi District/2nd respondent in all the writ petitions. Taking support from the counter affidavit, Mr.S.Kumar, learned Additional Government Pleader appearing for the respondents in all the writ petitions submitted that a general ban for direct recruitment was ordered in G.O.Ms.No.212. Although the said ban order was withdrawn in G.O.Ms.No.14 Personnel and Administrative Reforms Department dated 07.02.2006 in view of the subsequent decision taken in Government Letter No.11462/S2/06, School Education dated 26.05.2006 and Letter No.8864/d1/2011-12 School Education dated 09.07.2012, that decision will be taken later to fill up the vacancies of non teaching posts that are sanctioned by the Government, the 2nd respondent has rightly passed the impugned orders refusing to grant approval for their respective promotions.
6. But this Court finds no justification or any good reason to sustain the impugned orders withholding approval of the promotions of the petitioners as the promotions of the petitioners to the posts of Junior Assistants, Lab Assistants, Record Clerks respectively to which approval has been refused, has been made as against the sanctioned posts.
7. As rightly contended by the learned counsel appearing for the petitioners, G.O.Ms.No.212 is applicable only for new appointments by way of direct recruitment, but the petitioners even prior to their promotions as Junior Assistants, Lab Assistants, Record Clerks respectively, to which now the approval has been rejected, they were promoted and working as Record Clerks and Office Assistant in sanctioned posts in the 3rd respondent school and the same were approved by the Joint Director of School Education(Secondary Education), Chennai/1st respondent. The stand taken by the respondents is also disproved by their own action that has taken place in Thindivanam, Tirunelveli, Kanyakumari and Kuzhithurai districts.
8. Further, a close reading of the proceedings dated 17.08.2012, 29.08.2012 and 08.01.2014 issued by the District Educational Officers of various districts clearly shows that the ban order issued in G.O.Ms.No.212 does not apply to promotional posts. When the approval for the non teaching staff has been granted in other districts as stated supra, it goes without saying that the ban order issued in G.O.Ms.No,212 can be applied only to new appointments but not to the promotional posts, therefore, the impugned orders challenged in all the writ petitions stand quashed and the respondents 1 and 2 are directed to approve the promotions of the petitioners as Junior Assistants, Lab Assistants and Record Clerks respectively from the date of their promotions. In so far as the petitioner in W.P.No.11796/2014 is concerned, the respondents 1 and 2 are directed to give approval of his transfer. The respondents 1 and 2 shall pass appropriate orders granting approval and pay the respective salaries from the date of their promotions/transfer in W.P.No.11796/2014 within a period of ten weeks from the date of receipt of a copy of this order. With the above directions, all the writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. 05.12.2014 NB2 T.RAJA, J.
NB2 To 1) The Joint Director of School Education, (Secondary Education), Chennai-600 006. 2) The District Educational Officer, Thoothukudi District. W.P(MD)Nos.11785 to 11796 of 2014 05.12.2014