Madras High Court
Vani vs The Additional Assistant ... on 15 June, 2021
W.A.(MD)No.1089 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1089 of 2021
and C.M.P.(MD) No.4832 of 2021
Vani ... Appellant/Writ Petitioner
Vs.
1.The Additional Assistant Elementary
Educational Officer,
Chinamanoor,
Theni District.
2.The Secretary,
Muthiah Elementary School,
K.Duraisamypuram,
Theni District,
Theni. ... Respondents/Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent against the order
passed by this Court in W.P.(MD)No.10339 of 2015, dated 03.12.2020.
For Appellant : Mr.R.Murali
For Respondent No.1 : Mr.A.K.Manickam
Standing Counsel for Government
For Respondent No.2 : Mr.C.Arul Vadivel @ Sekar
*****
https://www.mhc.tn.gov.in/judis/
1/4
W.A.(MD)No.1089 of 2021
JUDGMENT
(Judgment of the Court was delivered by T. S. SIVAGNANAM, J.)
This Writ Appeal filed by the Writ Petitioner is directed against the
order dated 03.12.2020 in W.P.(MD) No.10339 of 2015.
2.The order impugned in the Writ Petition was an order directing
recovery of incentive increment paid to the appellant/teacher for acquiring M.A.
Qualification. The reason assigned for recovery is that the appellant did not
produce the credentials to prove such acquiring higher qualification within a
period of two years from the date of acquiring higher qualification.
3.The Writ Petition was of the year 2015. The first respondent
department has not filed counter affidavit even though the second respondent
has filed their counter affidavit in July, 2015. When the Writ Petition was taken
up for disposal during December, 2020, it has been dismissed on the ground that
the petitioner should approach the appellate authority. We find that such
objection was raised by the Management also in the counter affidavit.
Furthermore, none of the contentions of the petitioner has been noted in the
order. Further, it is submitted that on the said date, counsel did not appear and
the learned counsel for the Writ Petitioner sought for adjournment. In any event,
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1089 of 2021
since the Writ Petition was pending from 2015, it may not be appropriate to
dismiss the Writ Petition on the ground that the petitioner should avail
alternative remedy. Therefore, we are of the view that the Writ Petition should
be heard and decided on its own merits.
4.In view of the above, the Writ Appeal is allowed and the order of
the learned Single Judge is set aside and the Writ Petition is restored to the file
of the learned Single Judge. Registry is directed to list the Writ Petition before
the learned Single Judge during the week commencing from 12.07.2021 with a
request to hear the matter at the earliest, since the Writ Petition was of the year
2015. Within that date, the respondent department should file a counter
affidavit. In the light of the above, no recovery shall be effected till the disposal
of the Writ Petition. Consequently, connected Miscellaneous Petition is closed.
No costs.
Index :Yes/No [T.S.S., J.] [S.A.I., J.]
Internet :Yes/No 15.06.2021
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.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1089 of 2021
T. S. SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
To
1.The Additional Assistant Elementary
Educational Officer,
Chinamanoor,
Theni District.
W.A.(MD)No.1089 of 2021
15.06.2021
https://www.mhc.tn.gov.in/judis/
