Madras High Court
The Secretary vs P.Jeyakodi .. 1St on 15 July, 2021
W.A.(MD)No.345 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.345 of 2021
in C.M.P.(MD) No.1158 of 2021
The Secretary,
Mallankinaru Nadargal MSP Senthilkumar Nadar
Higher Secondary School,
Mallankinaru,
Virudhunagar District. .. Appellant/4th Respondent
Vs.
1.P.Jeyakodi .. 1st Respondent/Writ Petitioner
2.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
O/o. The Chief Educational Officer,
Virudhunagar District.
4.The District Educational Officer,
O/o. The District Educational Officer,
Virudhunagar District. .. Respondents 2 to 4/Respondents 1 to 3
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 23.12.2020, in W.P.(MD)No.19551 of
2020.
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W.A.(MD)No.345 of 2021
For Appellants : Mr.C.Gangai Amaran
For Respondent No.1 : Mr.D.Shanmugaraja Sethupathi
For Respondent No.2 : No appearance
For Respondent Nos.3 & 4 : Mr.R.Baskaran
Standing Counsel for Government
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
Heard Mr.C.Gangai Amaran, learned counsel for the appellant,
Mr.D.Shanmugaraja Sethupathi, learned counsel for respondent No.1 and
Mr.R.Baskaran, learned Standing Counsel for Government, appearing for
respondent Nos.3 and 4.
2.This Writ Appeal by the School Management, who is the fourth
respondent in the Writ Petition, is directed against the order dated
23.12.2020, in W.P.(MD)No.19551 of 2020, which was allowed. The Writ
Petition was filed by the first respondent challenging the proceedings of
the fourth respondent herein, dated 02.03.2020, and to direct the
appellant Management to forward the proposal in respect of the first
respondent claim for incentive increment for having acquired M.Sc.
Mathematics degree.
3.The question for consideration is whether approval was
obtained before obtaining the higher qualification.
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W.A.(MD)No.345 of 2021
4.Firstly, we need to take note of the fact that the appellant is
Management of the School, in which the first respondent is working, and
it is submitted that permission was granted and the proposal itself
emanated from the appellant Management. Now, it appears there is a
change of the Managing Committee, which has taken a decision to
challenge the order.
5.Sanction of increment is by the Government and it is for them
to take a decision. It is shown to us that the education department has not
filed the Writ Appeal as against the order dated 23.12.2020 in W.P.(MD)
No.19551 of 2020, but, at the instance of the appellant Management.
Therefore, we cannot examine the correctness of the impugned order.
6.In view of the above, we dismiss the Writ Appeal filed by the
Management without any locus standi. We make it clear that in the event
of the Education Department filing appeal, the observation made in this
judgment will not in any manner impede the case of the Department.
Consequently, the merits of the issue is left open. No costs. Consequently,
connected Miscellaneous Petition is also dismissed.
[T.S.S., J.] & [S.A.I., J.]
15.07.2021
Index : Yes / No
Internet : Yes / No
sj
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.345 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
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.
To
1.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
2.The Chief Educational Officer,
O/o. The Chief Educational Officer,
Virudhunagar District.
3.The District Educational Officer,
O/o. The District Educational Officer,
Virudhunagar District.
JUDGMENT MADE IN
W.A.(MD)No.345 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
