Madras High Court directs Army Public School to regularize Teacher with effect from the completion of one year of probationary period.
TITLE: Mrs. Revathi Vs. CBSE Siksha Kendra and Ors.
Decided On: July 18, 2023.
Writ Petition Nos.1422 and 5596 of 2022 and W.M.P.Nos.1563 & 5684 of 2022 W.P.No.1422 of 2022.
CORAM: Hon’ble Mr. Justice N. Satish Kumar.
Introduction:
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.
Facts:
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. In the meantime, 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. In the meantime, 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.
Legal Analysis and Decision:
Much reliance was placed by the learned counsel appearing for the respondents 4 & 5 on the circular issued by the Army Welfare Education Society on 28.03.2023 in B/45785/Affiliation/AWES to state that State Government has no role whatsoever in the above said matter and an interpretation has been given by the Army Welfare Education Society itself to the effect that since the ownership of land allotted for Armed Forces Children Schools including the school buildings etc. continues with the Government and are located in defence land and the funds from which the buildings are constructed are provisioned by the QMG’s Branch, IHQ, Ministry of Defence (Army), from the budgetary sp allotted by respective service HQ by GOI, and the schools are managed by Local Military Authorities as per GOI provisions, the state Government have no role whatsoever in the matter. This court is of the view that such interpretation by themselves have no legs to stand. The respondents 4 & 5 cannot contend that they are not amenable to any State law when the law is operating the field and it applies to a school established in Tamil Nadu whether it receives grant from the government or not, or any other institution imparting education or training, established and administered or maintained by any person or body of persons, and recognized by the competent authority under this Act which would come within the ambit of private school Affiliation Bye-Laws 2018 refer to by the respondents 4 & 5 would make it very clear that every school managed by a society formed either by Central or State Government, Public Sector Undertakings, Statutory Bodies or established by a society registered under the Societies Registration Act has to obtain a “No Objection Certificate” from the appropriate State Government under Rule 2.3.5. In such view of the matter, this court is of the view that as qualifications of the writ petitioners are not in dispute, their selection was also not through back door method, and they were appointed on merits and the petitioner in W.P.No.1422 of 2022 has put in service for more than 11 years and as long as her qualification is not in dispute, she should be made as permanent and the respondents 3 to 5 cannot take advantage of the letter of appointment given to her for a fixed term of three years.
Conclusion:
The writ petitions are allowed. The respondents 4 & 5 are directed to issue a confirmation order as enlisted in the Application submitted by the 5th respondent School in the Financial Submission dated 21.05.2012 to
the petitioner in W.P.No.1422 of 2022 within a period of eight weeks from the date of receipt of a copy of this order. The relieving order issued by the 5th respondent to the petitioner in W.P.No.5596 of 2022 is set aside and the respondents 4 & 5 are directed to issue a confirmation letter 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 continuity of service and 50% of back wages and all other attending benefits.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.