The Joint Director Of School ... vs B.Anuradha
2021 Latest Caselaw 1874 Mad

                                                                                          A.S.No.145 of 1994


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        Date: 27.01.2021

                                                           Coram::

                                   THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                   A.S.No.145 of 1994


              1. The Joint Director of School Education,
                 (Secondary Education). College Road,
                 Nungambakkam, Madras – 6.

              2. The State of Tamil Nadu,
                 rep by its Commissioner and Secretary to Government,
                 Fort St.George, Madras – 9.                                       ... Appellants

                                                            /versus/

              1. B.Anuradha,
                 W/o.P.Balasubramanian,

              2. The Correspondent,
                 Singaram Pillari Girls Higher Secondary School,
                 Villivakkam, Madras – 49.                                         ... Respondents

              Prayer: Appeal is filed under Section 54 of the Land Acquisition Act, against the
              judgment and decree of the Learned Subordinate Judge of II Additional Judge, City
              Civil Court, Madras in O.S.No.3857 of 1987 dated 28th day of September 1992.


                                       For Appellants            : Mr.J.Balagopal, Spl.G.P. (AS)

                                       For Respondents           : No appearance


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https://www.mhc.tn.gov.in/judis/
                                                                                              A.S.No.145 of 1994


                                                          JUDGMENT

The appeal is preferred by the state being aggrieved by the decree

passed by the Trial Court in O.S.No.3857 of 1987, fastening liability jointly and

severally against them along with the Management.

2. In this appeal, the State has contended that the Trial Court has failed

to see that the statutory appeal filed by the plaintiff for reinstatement with backwages

was allowed by the 2nd defendant and therefore, they are not liable for any financial

obligation payable by the Management.

3. In the connected appeal in A.S.No.251 of 1993 filed by the

Management, this Court has dealt at length about the merits of the Trial Court

judgment. It is suffice to say that in the appeal, this Court has held that the

Management (i.e.,) 2nd respondent herein alone is liable to pay the decretal amount

and not the appellant herein.

4. Hence, this Appeal filed by the State to exonerate from paying the

decretal amount since they are not at fault is allowed. Accordingly, the judgment and

decree passed by the Trial Court in O.S.No.3857 of 1987 is hereby confirmed with

modification to an extent the liability shall be restricted to 1st defendant exonerating

https://www.mhc.tn.gov.in/judis/ A.S.No.145 of 1994

the appellants herein. With costs.

                                                                           27.01.2021

              bsm
              Index       :Yes/No

Speaking order/Non-speaking order.

To:-

1.The II Additional Judge, City Civil Court, Madras.

2. The Joint Director of School Education, (Secondary Education). College Road, Nungambakkam, Madras – 6.

3. The Commissioner and Secretary to Government, The State of Tamil Nadu, Fort St.George, Madras – 9.

4.The Section Officer, V.R.Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ A.S.No.145 of 1994

Dr.G.Jayachandran,J.

bsm

A.S.No.145 of 1994

27.01.2021

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