A woman aged 40 has been working as a teacher in a school in Thanjavur district for the last 13 years without salary as her appointment was not approved by the elementary education department.
The Madras High Court has now said that non-payment of salary is against the principles of natural justice. It has said that the teacher possessed the required educational qualification and as such, she was an appropriate candidate for the post. The court has directed the authorities to approve the appointment from January 10, 2000 with salary and all other benefits.
Justice C.S.Karnan passed the order on a writ petition by B.Bhuvaneswari. She joined as a Secondary Grade Teacher in Sri Kumaragurubara Swamigal Middle School, Thirupanandal on January 2000 in a permanently sanctioned post. She was qualified for the post.
When approval of her appointment was sought, the authorities said the appointment had been made without following the communal rotation.
By an order in December 2002, the District Elementary Educational Officer (DEEO) said the school could not be regarded as a minority institution and therefore, the appointment without reference to the employment exchange sponsorship and communal roster could not be approved. The petitioner challenged this order in the present petition.
Mr.Justice Karnan said he was of the view that the educational institution did not come under the religious minority or linguistic minority category. Hence, the government’s prior approval was necessary for the appointment. The roster system with a number call from the employment exchange had also not been followed.
