STATE OF TAMIL NADU Vs. AMALA ANNAI HIGHER SECONDARY SCHOOL
LAWS(SC)-2009-8-63
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on August 28,2009

STATE OF TAMIL NADU Appellant
VERSUS
AMALA ANNAI HIGHER SECONDARY SCHOOL Respondents

JUDGEMENT

R. M. Lodha, J. - (1.) Leave granted.
(2.) The State of Tamil Nadu and its functionaries have preferred this appeal by special leave against the judgment dated March 18, 2008 passed by the Division Bench of Madras High Court whereby it dismissed writ appeal preferred by the appellants and affirmed the order dated December 4, 2006 of the single Judge directing the 1st appellant herein to sanction one post of 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 of one post of Junior Assistant which was not acceded to. The said request was renewed from 1991-1992 onwards but without any favourable response from the appellants. The management then made a representation to the State Government on January 20, 1997. While the said representation was under consideration before the State Government, the management of the school filed a writ petition (W.P.No.4536/1997) before the High Court of Judicature at Madras. That writ petition was disposed of by the single Judge on October 15, 1997 directing the present appellants to consider the representation dated January 20, 1997 and pass final order on the same after hearing the management of the school.;


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