The petitioner, who was appointed as sweeper cum gardener in Auxilium Girls Higher Secondary School, Gandhinagar, Vellore, 5th respondent herein on 01.03.2016 in a regular sanctioned post, seeks a direction to accord his approval w.e.f. 01.03.2016, with all monetary and other service benefits.
2. Learned counsel appearing for the petitioner by drawing the notice of this Court to the staff fixation order in Na.ka.No.4599/M2/2015 dated 01.01.2016 for the academic years 2015-2016 and 2016-2017 submits that there is sanction / eligibility of said post of sweeper cum gardener in the 5th respondent-School and that the 5th respondent has appointed the petitioner, namely, S.Vasudevan, as sweeper cum gardener only in the sanctioned post arose on account of retirement of one Kasi. The proposal dated 15.04.2016 issued by the Correspondent of 5th respondent also shows that the 5th respondent school being minority aided educational institution has been sanctioned with the post of sweeper cum gardener in the staff fixation order dated 01.01.2016. The relevant portion of the order is extracted hereunder:-
1/ ,sepiy cjtpahsh; 01 2/ E}yf vGj;jh;
3/ gjpt[ vGj;jh; 01 4/ E}yfh;
5/ Ma;tf cjtpahsh; 01 6/ mYtyf cjtpahsh; 01 7/ ,ut[f;fhtyh; 01 8/ jz;zPh; Cw;Wgth;; 01 9/ bgUf;Fgth;
10. njhl;lf;fhuh; kw;Wk;
bgUf;Fth; 01
3. Heard the learned counsel on either side and perused the documents placed on record.
4. Since the 5th respondent-School has filled up the vacancy by appointing the petitioner, namely, S.Vasudevan after the retirement of previous incumbent, namely, Kasi, I do not find any impediment to direct the respondents to consider the proposal sent by the 5th respondent-School. Moreover, the issue where the minority aided educational institution should get prior approval before filling up all the sanctioned post has been decided earlier by this Court in several writ petitions one among them is, W.P.(MD)No.174 of 2009 dated 27.04.2010. In the light of the said order, I have also held in several writ petitions in W.P.Nos.29998 of 2014 etc., batch which is as follows:-
4. Therefore, the issues raised in the present Writ Petitions having been settled by this Court, I have no hesitation to accept the prayer made by the petitioners.
5. In the result,
(i) All the Writ Petitions are allowed.
(ii) The impugned orders are set aside.
(iii) The respective respondents are directed to approve the appointments of non-teaching staff in the Private Aided Schools in these cases and to sanction grant, within a period of four weeks from the date of receipt of a copy of this order.
5. Thus, the issue is well settled now that any school, either minority/private/aided or unaided, is entitled to fill up the vacancy arising on account of promotion, retirement, removal, dismissal etc., against a sanctioned post already approved by the school authorities, without even obtaining prior permission from the Government. In the cases on hand, admittedly, the writ petitioners have been appointed against vacancies relating to sanctioned posts as Non-teaching staff in various cadres and therefore, by following the above cited case laws, this Court, hereby directs the respective respondents to approve the appointments of the Non-teaching staff by the Private Aided Schools and to sanction the grant within a period of four weeks from the date of receipt of a copy of this order.
In fine, for the reasons stated above, the writ petitions are allowed. No costs.
5. In view of the above foregoings, the Writ Petition stands allowed and the respondents are directed to approve the proposal, grant an order of approval and issue an order along with arrears of salary. Consequently, connected miscellaneous petitions are closed. No costs.