IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.06.2010 CORAM: THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.7122 of 2009 I.Mohan ... Petitioner Versus 1. The Director, The Directorate of School Education, (Higher Secondary) DPI Campus, College Road, Chennai – 600 006. 2. The District Educational Officer, Palani, Dindigul District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus, to direct the first respondent to pay salary to the petitioner for the period from 05.06.2002 to 09.01.2004 and regularise the petitioner service from 05.06.2002 to 09.01.2004 in the petitioner service register by considering the petitioner's representation dated 28.04.2005. For Petitioner : Mr.I.Arockia Selvaraj For Respondents : Mrs.Geetha Tahamaraiselvan Government Advocate O R D E R The petitioner belongs to Schedule Caste. He is a Post-Graduate and also obtained M.Ed., He was appointed as Secondary Grade Teacher at Guruvappa Higher Secondary School, Neikkarapatti, S.K.C.Nagar, Periyakalayamputhur Post, Palani, Dindigul District, by an order dated 04.06.2002. He was appointed in the vacancy caused due to the retirement of one Mr.S.Varadharajan. The said school is an aided school getting 100% aid from the Government of Tamil Nadu. 2. The graduate teachers could not be appointed against secondary grade teacher vacancy. Since, there are no SC/ST candidates with https://hcservices.ecourts.gov.in/hcservices/ Diploma in Teachers Education for appointment to the post of Secondary Grade Teacher, the Government issued G.O.Ms.No.113, School Education Department dated 14.03.1997, permitting the recruitment of graduate teachers belonging to SC/ST categories in secondary grade post. However, a condition was stipulated that those persons should undergo one month "Child Psychology" training before the appointment. 3. The said G.O.Ms.No.113 was extended to the schools under the SC & ST Welfare Department by G.O.Ms.No.63, Schedule Caste and Schedule Tribes Welfare Department dated 01.04.1997. The persons without undergoing "Child Psychology" training, were appointed as secondary grade teachers under the control of Schedule Caste and Schedule Tribes Welfare Department, since, there was no possibility of getting training immediately and the posts were remaining vacant for a long time. In these circumstances, the Government issued G.O.Ms.No.122, Schedule Caste and Schedule Tribe Welfare Department, dated 02.08.2005, wherein the persons who were appointed without "Child Psychology" training were sought to be regularised from the initial date of appointment. 4. The Government issued G.O.Ms.No.301, School Education Department, dated 09.11.1999, permitting the aided schools to appoint graduate schedule caste candidates in the secondary grade post if there are no persons available from SC/ST candidates with secondary grade qualification. A condition is stipulated in G.O.Ms.No.301, that such a graduate person from schedule caste category should undergo one month "Child Psychology" training before his appointment. 5. In this case, the petitioner underwent training from 09.12.2003 to 09.01.2004. According to him, though the petitioner and the school repeatedly requested the authorities to sponsor his name for taking training in "Child Psychology", he was sent for training only in December 2003. In these circumstances, his services were regularised by the second respondent only from 10.01.2004. 6. The petitioner has now come with this writ petition seeking for a direction to the first respondent to regularise his services from his date of initial appointment i.e., 05.06.2002 and also to pay salary payable to the secondary grade teachers for the period from 05.06.2002 to 09.01.2004. 7. Notice of motion was ordered. The first respondent filed counter affidavit. 8. Heard Mr.I.Arockia Selvaraj, learned counsel for the petitioner and Mrs.Geetha Tahamaraiselvan, learned Government Advocate for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 9. The learned counsel for the petitioner states that since the Government issued G.O.Ms.No.122, Schedule Caste and Schedule Tribe Welfare Department, dated 02.08.2005 regularising the services of the graduate Schedule Caste candidate, who were appointed against secondary grade vacancy from the date of their appointment, even though they underwent "Child Psychology" training later, the first respondent shall not deny the similar benefit to Schedule Caste teachers recruited in aided schools. 10. The learned Government Advocate states that the petitioner underwent "Child Psychology" only in December 2003 and completed the same on 09.01.2004 and therefore, he was regularised with effect from 10.01.2004 as per G.O.Ms.No.301 (referred to above). 11. In my view, since the Government regularised the graduate Schedule Caste teachers under the control of Schedule Caste and Schedule Tribes Welfare Department from the date of initial appointment, though they underwent "Child Psychology" at a later date, the respondents could not deny the same benefit to the Schedule Caste teachers who were appointed in the aided school and in the Government Schools. 12. It is not in dispute that the petitioner did not refuse to go for the training. The reason given in the G.O.Ms.No.122(referred to above) that immediate training was not possible applies to aided school also. Though the petitioner joined in duty on 05.06.2002, he was sent for training only on 09.12.2003, for which he could not be blamed. It is also not in dispute that he served as secondary grade teacher from 05.06.2002. 13. In these circumstances, the respondents are directed to regularise the petitioner's services from 05.06.2002 and pay his salary applicable to the secondary grade teacher post for the period from 05.06.2002 to 09.01.2004 also within a period of six weeks from the date of receipt of a copy of this order. The writ petition is allowed on the above terms. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ r n s To 1. The Director, The Directorate of School Education, (Higher Secondary) DPI Campus, College Road, Chennai – 600 006. 2. The District Educational Officer, Palani, Dindigul District +1cc to Govt. Pleader Sr 43479 +1cc to Mr.I.Arockia Selvaraj, Advocate Sr 43388 PKB(CO) km/21.6. W.P.No.7122 of 2009 https://hcservices.ecourts.gov.in/hcservices/