T.Gladis Bagavathi Bai vs The State Of Tamil Nadu
2021 Latest Caselaw 1734 Mad

                                                                              W.P.No.1618 of 2021

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED 27.01.2021

                                                          CORAM

                                   THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

                                                    W.P.No.1618 of 2021
                                                    (Heard through VC)

                  T.Gladis Bagavathi Bai                                          .. Petitioner

                                                           -vs-

                  1.The State of Tamil Nadu,
                    Rep. by its Secretary to Government,
                    School Education Department,
                    Secretariat,
                    Chennai – 600 009.

                  2.The District Educational Officer,
                    No.5, Riverside Street,
                    Kamaraj Nagar, Avadi,
                    Chennai – 600 071.

                  3.Panchayat Union Middle School,
                    Rep. by its Head Master,
                    Sembedu,
                    Tiruvallur – 601 103.                                         .. Respondents


                  Prayer: Petition filed under Article 226 of Constitution of India to issue
                  a Writ of Certiorarified Mandamus calling for the records relating to the
                  impugned order bearing Na.Ka.No.1074/A1/2020 dated 01.12.2020
                  passed by the 2nd respondent herein and quash the same and direct the
                  2nd respondent to revise and re-fix the scale of pay received by the
                  petitioner with effect from 24.07.2009 and pay the salary arrears and
                  other consequential monetary and service benefits.


                                   For Petitioner       : Mr.Akshai Sajin Kumar


                 1/4
https://www.mhc.tn.gov.in/judis/
                                                                                W.P.No.1618 of 2021

                                   For Respondents     : Mr.P.Raja
                                                         Government Advocate


                                                        ORDER

The writ petition has been filed challenging the order passed

by the second respondent bearing Na.Ka.No.1074/A1/2020 dated

01.12.2020 and consequently direct the second respondent to revise

and re-fix the scale of pay received by the petitioner with effect from

24.07.2009 and pay the salary arrears and other consequential

monetary and service benefits.

2. Mr.P.Raja, learned Government Advocate takes notice on

behalf of the respondents. By consent of both parties, the writ petition

is taken up for final disposal at the admission stage itself.

3. It is an admitted case that while the petitioner was working

at St.Joseph's Primary School, Tambaram, she got an employment

through the Employment Office in the third respondent school. Hence,

she was relieved from St.Joseph's Primary School, Tambaram and

transferred to the third respondent-school with effect from 23.07.2009.

She joined the third respondent-School on 24.07.2009. Since the

petitioner has adopted to join the Government School, she got herself

https://www.mhc.tn.gov.in/judis/ W.P.No.1618 of 2021

relieved from the school on her own pursuant to the participation in the

selection process and after selection by the Teacher's Recruitment

Board.

4. The proceedings of the District Elementary Education

Officer, Kancheepuram dated 14.12.2009 would make it very clear that

the petitioner has voluntarily left the service. The petitioner also relied

upon the judgment of this Court in W.P.No.14525 of 2011 (S.Arulmani

vs. The Government of Tamil Nadu and 3 others), wherein, a teacher

was transferred from one aided school to another aided school and pay

protection was not granted to the teacher and the Court held that pay

protection shall have to be granted. The Court also observed in that

case that the teachers working in an aided school was in a better

position than the teachers, who are working in the private

management. Even though in the present case, the petitioner was

employed in the aided school, she got herself relieved on his own

volition, participated in the selection process afresh and thereafter

appointed as teacher. I would have accepted the contention of the

petitioner, if there was a transfer and entire past services have been

ignored and pay protection was not granted. It is not so in the present

case on hand. The petitioner after getting herself relieved by

https://www.mhc.tn.gov.in/judis/ W.P.No.1618 of 2021

S.VAIDYANATHAN, J.

rsi

resignation, joined new school and the question of transfer from one

institution to another institution, more so, from an aided school to the

Government school does not apply.

5. Hence, I find no merits in the writ petition and the same is

dismissed. No costs.

                                                                                      27.01.2021

                  Index                     :   Yes/no
                  Speaking order            :   Yes/No
                  rsi

                  To

                  1.The Secretary to Government,
                    School Education Department,
                    Secretariat,
                    Chennai – 600 009.

2.The District Educational Officer, No.5, Riverside Street, Kamaraj Nagar, Avadi, Chennai – 600 071.

3.Panchayat Union Middle School, Rep. by its Head Master, Sembedu, Tiruvallur – 601 103.

https://www.mhc.tn.gov.in/judis/ W.P.No.1618 of 2021

W.P.No.1618 of 2021

https://www.mhc.tn.gov.in/judis/