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TMI Blog2009 (8) TMI 1132X X X X Extracts X X X X X X X X Extracts X X X X ..... Junior Assistant to the Respondent No. 1 from June 1, 1994. 3. Amala Annai Higher Secondary School (hereinafter referred to as, `AAHS School') was originally a middle school. AAHS School was upgraded as high school from academic year 1988-89 w.e.f. June 13, 1988. All the posts of the middle school were absorbed in the high school. At the time of upgradation of the school from middle school to high school, the strength of students was less than 300. One Ms. Rosary was appointed by the management as a Junior Assistant on the very same day the school was upgraded from middle school to high school without getting approval from the Competent Authority. The management of the school then made a request to the Competent Authority for sanction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sanction one post of Junior Assistant to the school from the academic year 1991-92 and approve the appointment of the incumbent who was appointed to that post and confer all consequential benefits. 6. The state government and its functionaries stoutly opposed the writ petition and, inter alia, set up the defence that at the relevant time, the strength of school was below 300 and, therefore, the school was not entitled to any post of Junior Assistant. 7. The learned Single Judge, after hearing the parties by his order dated December 4, 2006, disposed of the writ petition with the following direction : "Taking note of the said fact which is undisputed, the 1st respondent is directed to sanction one post of Junior Assistant to the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry 20, 1997 for the grant of one post of Junior Assistant and in furtherance thereto, the state government, after hearing the school, rejected the representation on July 3, 1998 indicating the following reasons : "At the time of sanction of posts G.O. Ms. No. 50 Education dated 20-1-95 as per the norms issued in G.O.Ms. No. 340 Education Dated 1-4-92 the strength of your school during 1990-91 was below 300. The orders in G.O.Ms. No. 340 are clear. It says that there is no compulsion to give non- teaching staff as and when the school increases the strength. Therefore your request for sanction of one post of Junior Assistant is not feasible of compliance." The management of the school did not challenge the aforesaid decision of the state g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench as well as the Single Judge overlooked and ignored sub-Rule (2) of Rule 6 of the Rules, 1977 which reads : "Payment of monthly staff grant shall be made only in respect of qualified and admissible teachers actually employed in minority schools whose appointments have been approved by the concerned authorities according to the number of posts sanctioned to the institutions concerned." Admittedly, in the present case, the management of the school appointed Ms. Rosary as Junior Assistant to a non-sanctioned post. The explanation of the management that she was appointed in anticipation of orders from the Competent Authority hardly merits acceptance. 13. Fourthly, as per the norms issued in relevant G.O.Ms., the strength of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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