@JUDGMENTTAG-ORDER
Honourable Mr. Justice K. Chandru, J.@mdashThe petitioner was appointed as Primary school Headmistress in the TDTA Primary School at
Tuckerammalpuram, Palayamkottai rural range as against a retired vacancy of one A. Roopa Jebakumar. The appointment was made by one
Jacob Chelliah claiming to be the manager of T.D.T.A. Primary and Middle schools under Tirunelveli Diocese, vide order dated 11.08.2008.
Subsequently, it transpires on the same day that one Rev. S.E.C. Devasahayam, was the manager C.S.I Primary & Middle schools relieved the
petitioner from the primary school at Mahilchipuram at Karungulam Range on 11.08.2008 and when she joined the new school as Headmistress,
the same Jacob Chellaiah forwarded the same to the District Educational Officer, Palayamkottai by a covering letter, dated 13.08.2008 asking her
name to be approved.
2. In the meanwhile, a communication was sent by Rev.A. Peter Devadoss, the then manager of the T.D.T.A. Primary and Middle Schools of the
Diocese of Tirunelveli on 02.01.2009 stating that the appointment of the petitioner was illegal as it was done by one Jacob Chellaiah who was
relieved from the post of Manager even on 06.02.2008 by the Diocese and therefore, he could not have appointed the petitioner illegally after his
end of his term. It is in the meanwhile, several teachers who were so relieved had moved this Court challenging their relieving orders and
entertaining those writ petitions, interim orders were also granted. Therefore, the petitioner filed the present writ petition which was taken along
with the writ petition namely W.P.(MD) No. 8854 of 2008 filed by the other teacher in the year 2008. The matter was heard by the learned single
Judge and they were disposed of by a common order dated 28.05.2009 and in the common order at paragraph 178, the learned single Judge had
observed as follows:
178. In the result, this Court is of the considered view that the illegality committed by the Secretaries/Correspondents/Managers in the matter of
appointment/promotion/re-employment etc., in colleges and schools run by the Diocese, cannot be allowed to perpetuate and hence all the writ
petitions filed by the Teachers/Lectures who have gained illegal appointments/ promotions/ order so fre-employment are dismissed
3. However, in respect of the writ petitioner, it was stated that since no counter affidavit has been filed, the writ petitions may be delinked from the
batch of writ petitions and this fact was also noted in paragraph Nos. 73 and 74 of the order and in paragraph 179, the said writ petition was
delinked and not disposed of with the batch of writ petitions.
4. After the disposal of the writ petitions, counter affidavit has been filed by the District Elementary Educational Officer, the first respondent herein.
In the counter affidavit, it is stated at paragraph 14 that the petitioner''s appointment made by Rev.A. Jacob Chelliah was illegal as he was not the
manager of the T.D.T.A Primary and Middle schools, Palayamkottai on 12.08.2008 and contrary to the Rules of Diocese and the manager has to
be appointed only by the Bishop and hence, his appointment is illegal.
5. In the counter affidavit has been filed by the second respondent it was stated that the Rev.A Jacob Chelliah was not in office as manager of the
T.D.T.A Primary and Middle schools and he cannot appoint any person beyond his tenure and an enquiry was also conducted in respect of the
petitioner''s appointment by a enquiry committee headed by Rev.J.J Christ Doss, G. Jeya Mary and Vigila Satyanath about the illegal functioning of
the petitioner. Despite notice was given to the petitioner, she did not appear before the enquiry committee. The enquiry committee made enquiries
and recorded statement of A. Peter Devadoss, manager of the T.D.T.A schools and D. Devaraj, Office Assistant, Elisa Nesakumar Justin,
Predaric Satya Samuel and Serabin Ezhilarasi and the committee found that her continuation in the school was illegal and she has not explained the
circumstances under which she has been appointed as Headmistress. She was also brought to the notice that she resigned from the private school
on 11.08.2008 and on the same date she was appointed as Headmistress and the same cannot be explained.
6. Learned counsel for the contesting respondent also produced a copy of the letter addressed by the person who was responsible for making
such appointment and who motivated the teachers one A.Jacob Chelliah who himself wrote to the Department including to the
District/Assistant/Additional Elementary Educational Officer by a common letter, dated 29.09.2008 stating that the appointment in respect of all
the primary and middle school managers only vests with the Bishop and that it was regrettable on his part that he was appointed by one
Chakravarthy as manager and he had also acted contrary to the Rules. Therefore, he made a declaration stating that all appointments were made
by him on 11.08.2008 as not valid and also revoked the same. He also requested the Department not to consider those appointments.
7. In view of the above, the writ petitioner is not made out a case for the grant of the relief prayed for by the petitioner. Accordingly, the writ
petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.