Judgment:
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:
19. 01.2015 CORAM THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.697 of 2009 & M.P.(MD) No.1 of 2009 1.R.Royal Mary (Died) 2.Rev.C.Gnanadhasan 3.G.R.Gnanaraja 4.G.R.Gnanaking .. Petitioners (Petitioners 2 to 4 substituted as LRs. of the deceased first petitioner as per the order of this Court, dated 17.11.2014, made in M.P.(MD) No.1 of 2014) Vs. 1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai - 600 009. 2.The Director of School Education, College Road, Chennai - 600 006. 3.The Chief Educational Officer, Nagercoil - 629 001, Kanyakumari District. 4.The District Educational Officer, Kuzhithurai at Marthandam, Kanyakumari District. 5.The Corporate Manager, CSI Diocese Schools, CSI Diocese of Kanyakumari District, Nagercoil, Kanyakumari District. 6.The Correspondent, L.M.S. Girls Higher Secondary School, Marthandam, Kanyakumari District. 7.The Correspondent, L.M.S. Higher Secondary School, Mathicode, Kanyakumari District. .. Respondents Prayer:- This Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to disburse forthwith to the petitioner the salary and allowances admissible to the post of Full Time Vocational Instructor w.e.f., 12.11.1997 with all attendant benefits. !For Petitioners : Mr.S.Xavier Rajini ^For R1 to R4 : Mr.T.S.Mohamed Mohideen Additional Government Pleader For R5 to R7 : Mr.K.Sreekumaran Nair :ORDER
This Writ Petition has been filed by one R.Royal Mary, directing the respondents 1 to 4 herein to disburse forthwith the salary and allowances admissible to the post of Full Time Vocational Instructor w.e.f., 12.11.1997 with all attendant benefits to her. Pending Writ Petition, she died on 16.06.2014. By order, dated 17.11.2014, her husband and two sons were impleaded as petitioners 2 to 4.
2. Originally, the petitioner-R.Royal Mary [hereinafter called as "the petitioner"]. was working as Grade-II Vocational Instructor [Nursing and Medical Laboratory Assistant]. in the seventh respondent School viz., L.M.S.Higher Secondary School, Mathicode. She was initially appointed as Part Time Vocational Instructor [Medical and Laboratory Assistant]. in L.M.S. Girls Higher Secondary School, Neyyoor, Kanyakumari. The first respondent passed G.O.(Ms) No.358, Education (Elementary Education]. Department, dated 18.08.1997, for creation of Grade-II Vocational Instructor Posts (Full Time) and absorption of Part Time Vocational Instructors in those posts after conducting a short time Training Course. For such absorption, the Part Time Vocational Instructors, must undergo training. The petitioner underwent the said Training and fully qualified to be appointed as Full Time Vocational Instructor.
3. The petitioner was absorbed as Full Time Vocational Instructor on 12.11.1997. Along with her, three other persons were also absorbed as Full Time Vocational Instructors. As per the terms of Government Order and Circular, only two Vocational Instructors can be absorbed. Therefore, the petitioner was transferred to Christuraj Girls Higher Secondary School, Tambaram, Kancheepuram District, vide proceedings in Na.Ka.No.13295/W26/92, dated 25.09.2000. Aggrieved over the same, the petitioner has filed W.P.No.17258 of 2000 before the Principal Seat of this Court. This Court, by order dated 11.10.2000, granted an order of stay of the transfer order vide W.P.M.P.No.24935 of 2000 in W.P.No.17258 of 2000. In view of the order of stay granted by this Court, the petitioner was permitted to continue in the same School viz., L.M.S. Girls Higher Secondary School, Marthandam, as Part Time Vocational Instructor and granted scale of pay vide proceedings in Na.Ka.No.22804/A6/97, dated 19.07.2001. This Court, by order dated 09.01.2003, allowed the said writ petition, setting aside the order of transfer and directed the second respondent to give posting to the petitioner within Kanyakumari District within one month from the date of receipt of a copy of that order. The second respondent did not comply with the said order. The fifth respondent Management transferred the petitioner to the seventh respondent School with effect from 02.06.2005. After the said transfer, the respondents did not grant aid to the Management to pay salary to the petitioner. Therefore, the petitioner has filed the present writ petition for the relief stated supra.
4. The respondents 1 to 4 filed counter affidavit denying all the averments made by the petitioner. The respondents 1 to 4 have stated that the fifth respondent has no power to transfer any Teacher without prior permission of the Department and prayed for dismissal of the writ petition.
5. The fifth respondent has filed counter affidavit stating that the petitioner has not sought any relief against the respondents 5 to 7.
6. Heard Mr.S.Xavier Rajini, learned counsel for the petitioners, Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader for the respondents 1 to 4 and Mr.K.Sreekumaran Nair, learned counsel for the respondents 5 to 7.
7. I have carefully perused the materials available on record and considered the arguments of the learned counsel appearing for the parties.
8. Initially, the petitioner was working as Part Time Vocational Instructor. As per G.O.(Ms) No.358, Education [Elementary Education]. Department, dated 18.08.1997, she underwent Training and fully qualified to be absorbed as Full Time Vocational Instructor. She was absorbed as Full Time Vocational Instructor with effect from 12.11.1997 in L.M.S. Girls Higher Secondary School, Marthandam. The petitioner's absorption was in excess of absorption of two other Vocational Instructors. Therefore, she was transferred to Christuraj Girls Higher Secondary School, Tambaram, Kancheepuram District, as Full Time Vocational Instructor. This Court, set aside the order of transfer and directed the second respondent to post the petitioner within Kanyakumari District. Till 26.05.2005, the petitioner was not given any posting order. The fifth respondent Management transferred the petitioner to the seventh respondent School, viz., L.M.S. Higher Secondary School, Mathicode, with effect from 02.06.2005 as Full Time Vocational Instructor in the vacancy that arose in the seventh respondent School. The respondents 1 to 4 have stated that the said transfer order is according to the whims and fancies of the fifth respondent Management.
9. The contention of the learned Additional Government Pleader for the respondents 1 to 4, is untenable and unsustainable. The second respondent did not comply with the order passed by this Court, dated 09.01.2003, in W.P.No.17258 of 2000, directing him to give posting to the petitioner within Kanyakumari District, within one month from the date of receipt of a copy of that order. The respondents 1 to 4 did not dispute the absorption of the petitioner as Full Time Vocational Instructor and on the other hand, she was transferred to Christuraj Girls Higher Secondary School, Tambaram, Kancheepuram District, as Full Time Vocational Instructor (Grade-II). This Court set aside the order of transfer and therefore, the absorption of the petitioner as Full Time Vocational Instructor with effect from 12.11.1997, is not disputed and is in force. Therefore, the petitioner is entitled to the salary as Full Time Vocational Instructor (Grade II) with effect from 12.11.1997. Since the petitioner died on 16.06.2014, the respondents 1 to 4 are directed to pay the salary of Full Time Vocational Instructor to the petitioners 2 to 4, who are the legal heirs of the deceased petitioner from 12.11.1997 till her death, after deducting any amount paid to the petitioner as Part Time Vocational Instructor. The fifth respondent is directed to send all the documents to the respondents 1 to 4 within two weeks from the date of receipt of a copy of this order. On receipt of such documents, the respondents 1 to 4 are directed to pay the salary to the petitioners 2 to 4 within six weeks thereafter.
10. The writ petition is allowed to the extent indicated above. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes/No 19.01.2015 Internet : Yes/No smn2 To 1.The Secretary to Government, Department of School Education, Fort St. George, Chennai - 600 009. 2.The Director of School Education, College Road, Chennai - 600 006. 3.The Chief Educational Officer, Nagercoil - 629 001, Kanyakumari District. 4.The District Educational Officer, Kuzhithurai at Marthandam, Kanyakumari District. V.M.VELUMANI, J.
smn2 W.P.(MD)No.697 of 2009 & M.P.(MD) No.1 of 2009 19.01.2015