Madras High Court
The State Of Tamil Nadu vs The Cor on 6 December, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A(MD)NO.1052 OF 2020
and
C.M.P(MD)No.5776 of 2020
1.The State of Tamil Nadu,
represented by its Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 009.
3.The Chief Educational Officer,
Madurai,
Madurai District.
4.The District Educational Officer,
Madurai – 626 002,
Madurai District. :Appellants/Respondents
.vs.
The Correspondent,
Holy Family Girls Higher Secondary School,
Gnanaolivupuram,
Madurai – 625 016. : Respondent/Writ Petitioner
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
W.P(MD)No.20527 of 2019, dated 10.02.2020.
https://www.mhc.tn.gov.in/judis
2
For Appellants :Mr.S.R.A.Ramachandhran
Addl.Govt.Pleader
For Respondent :M/s.A.Amala
JUDGMENT
*************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Writ Appeal is directed against the order of the learned
Single Judge made in W.P(MD)No.20527 of 2019, dated
10.02.2020.
2.Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
3.The Government is the appellants herein, challenging the
direction given by this Court to disburse the grand-in-aid towards
salary of certain employees namely, S.Ignatius and D.Jeya Seela
Rajathi, who were appointed as Record Clerk and Office Assistant
respectively from the date of their appointment with all other
attendant benefits. The appellants have rejected the approval by
stating that G.O.(Ms)No.238, School Education(Pa.Ka.
6(1))Department, dated 13.11.2018. The said Government Order
does not recognize these two posts namely, the Record Clerk and
the Office Assistant. Admittedly, for the above said posts, sanction
was granted by virtue of Government Order in G.O(Ms)No.1731,
https://www.mhc.tn.gov.in/judis
Education Department, dated 28.12.1996. G.O.(Ms)No.238, School
Education(Pa.Ka.6(1))Department, dated 13.11.2018 has set out
certain guidelines for filling up the posts of non-teaching staffs in
Government Aided Private Schools and it does not refer to the post
of Record Clerk or Office Assistant. Therefore, it is now argued by
the learned Additional Government Pleader appearing for the
appellants that since the Government has taken a policy decision
to limit the non-teaching staffs, it is a power to restrict the grant-in
-aid for such posts, taking into account the reduction in expenses
to be incurred by the Government and it is stated that the said
Government Order could not be issued with retrospective effect
from the date of issuance of the said Government Order.
Admittedly, the staffs in question were promoted or appointed on
1.6.2018 and the Government Order was issued only on
13.11.2018. The Writ Appeal filed by the appellants is based on the
said grounds, cannot be maintained.
4.Accordingly, the Writ Appeal is dismissed, confirming the
order of the learned Single Judge and the appellants are directed to
disburse the grant-in-aid to the said two employees namely,
S.Ignatius and D.Jeya Seela Rajathi from the date of their
promotion or appointment together with all other attendant
benefits, within a period of eight weeks from the date of receipt of
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a copy of this order. No costs. Consequently, connected
Miscellaneous Petition is dismissed.
[P.S.N.,J.] [P.V.,J.]
06.12.2021
Index:Yes/No
Internet:Yes/No
vsn
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall
be the responsibility of the
advocate / litigant
concerned.
https://www.mhc.tn.gov.in/judis
PUSHPA SATHYANARAYANA, J.
AND
P.VELMURUGAN, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1052 OF 2020
and
C.M.P(MD)No.5776 of 2020
06.12.2021
https://www.mhc.tn.gov.in/judis
