LAWS(MAD)-2012-2-50

I SAIRA NASEEM M A Vs. COMMISSIONER CORPORATION OF CHENNAI

Decided On February 01, 2012
I.SAIRA NASEEM M.A Appellant
V/S
COMMISSIONER CORPORATION OF Respondents

JUDGEMENT

(1.) WHEN Writ Petition No.252 of 2012 was filed by the petitioner seeking to challenge the proceedings dated 4.3.2010, wherein and by which the respondent Chennai City Corporation granted promotion of the Senior Secondary Grade Teachers working in Urdu Primary Schools to that of Headmistress of Primary/Middle School, as well as the order dated 23.11.2010, wherein once again the Corporation filled up the post of Headmistress of Chennai Urdu Middle School by granting promotion to the Primary School Headmistress/Secondary Grade Teachers. The petitioners challenged the same. It was informed that the petitioner has already filed two other Writ Petitions and therefore those Writ Petitions were directed to be posted along with the Writ Petition. Accordingly, all the three Writ Petitions have been posted.

(2.) ON notice, the respondent Corporation has filed a detailed counter affidavit dated 30.1.2012 in Writ Petition No.252 of 2012.

(3.) EVEN while these two Writ Petitions were pending, the petitioner filed a third Writ Petition, namely Writ Petition No.25593 of 2010 seeking for a direction to pay the difference in time scale of pay for her service as Headmistress (incharge) of Corporation Urdu Girls School with effect from 1.6.2001 to March 2010. That Writ Petition came to be dismissed by this Court by order dated 29.4.2011. In that order, in paragraphs 3 and 4, it was observed as follows: "(3.) In order to find out what is the qualification prescribed for holding the post of Headmistress, learned counsel for the petitioner was directed to produce the relevant rules and it is now stated that for the post of Headmistress in a Middle School, the required qualification is degree of any University in the State or a degree of equivalent standard and B.T. Or B.Ed degree of an University in the State. The learned counsel stated that the Madras University had earlier given a certificate, in respect of another candidate, for passing ADIB-I-FAZIL wherein it is stated that it is equivalent to B.A.Degree in Branch XII Urdu. But, in the copy of the certificate produced by the petitioner, which is enclosed at page No.7, there is no such equivalence mentioned by the University. (4.) However, as could be seen from the counter, the petitioner has been given promotion as Middle School Headmistress with effect from 23.11.2010 on being identified that she is in possession of the required qualification. But, her request to pay the salary for the period from 1.6.2001 to March, 2010 during which she was acting as Headmistress In-charge cannot be granted by this Court, unless it is officially authorised. Hence, the Writ Petition is dismissed."