Madras High Court
State Of Tamil Nadu vs S.Ramalingam on 28 July, 2021
W.A.No.948 of 2021 and
C.M.P. No.5691 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2021
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE Mr.JUSTICE KRISHNAN RAMASAMY
W.A.No.948 of 2021 and C.M.P. No.5691 of 2021
1.State of Tamil Nadu
rep. by its Secretary to Government
School Education Department
Secretariat, Chennai - 600 009
2.Director of School Education
Chennai - 6
3.District Educational Officer
Perambalur, Perambalur District ... Appellants
Vs.
1.S.Ramalingam
2.Correspondent
Thanthai Hans Roever
Higher Secondary School
Perambalur, Perambalur District ...Respondents
***
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 23.02.2017 passed in W.P. No.17294 of
2003.
***
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For Appellants : Mr.R.Neelakandan
State Government Counsel
Fore Respondents : Mr.B.Balavijayan for R1
Mr.P.Ganesh for
C.S.Associates for R2
JUDGMENT
(Authored by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
dated 23.02.2017 passed in W.P. No.17294 of 2003.
2. The said writ petition was filed for a Writ of Certiorarified
Mandamus to call for the records pertaining to the orders passed
by the Secretary to Government, School Education Department
insofar as para 3(vii) of G.O. Ms. No.155 School Education (D2)
Department, dated 03.10.2002 and the consequential order passed
by the Director of School Education in his proceedings Na. Ka.
No.87909/D3(4)/02 dated 26.05.2003 insofar as the writ petitioner
is concerned and the consequential proceedings of the District
Educational Officer, Perambalur in Na.Ka. No.1692/Aa4/2003 dated
17.06.2003.
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3. After hearing both the parties, the writ court had allowed
the writ petition, based on the judgment of a previous Division
Bench of this court in The State of Tamil Nadu and others vs.
Pallivasal Primary School represented by its Correspondent,
Mudukulathur reported in 2004-2-L.W.591. In the said
judgment, the Division Bench, while upholding the validity of the
said Government Order, granted relief to the teachers, who were
appointed in secondary grade vacancies and drew the salaries,
restrained the department from effecting any recovery.
Accordingly, paragraph Nos.3 and 7 of G.O. Ms. No.155 School
Education (D2) Department, dated 03.10.2002 alone were set
aside and rest of the Government Order was upheld in the said
decision.
4. It has subsequently ordered that any
approval/confirmation of appointment can be only after completion
of the Child Psychology Training. The writ petitioner herein also
had completed one month Child Psychology Training. As paragraph
3(vii) of G.O. Ms. No.155 was already set aside, no recovery can
be made from the petitioner to whom the Government had
released the grant and paid salaries. The writ court also had
granted relief only to the extent of no recovery. As no other relief
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has been granted, the Government cannot have any grievance and
the appeal need not have been filed by the Government.
5. In view of the above, the appeal filed by the Government
is dismissed. However, there is no order as to costs. Consequently,
the connected civil miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
28.07.2021
Index : Yes / No
Internet : Yes / No
Asr
To
1.State of Tamil Nadu
rep. by its Secretary to Government
School Education Department
Secretariat, Chennai - 600 009
2.Director of School Education
Chennai - 6
3.District Educational Officer
Perambalur, Perambalur District
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PUSHPA SATHYANARAYANA, J.
AND
KRISHNAN RAMASAMY, J.
Asr
W.A.No.948 of 2021 and
C.M.P. No.5691 of 2021
Date : 28.07.2021
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