Madras High Court
J.R.John Samuel Nallathambi vs The State Of Tamil Nadu on 9 March, 2021
W.A.(MD)Nos.24 of 2020, 1332 and 1333 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.24 of 2020 and 1332 and 1333 of 2019
C.M.P.(MD) No.279 of 2020 in W.A.(MD)Nos.24 of 2020
J.R.John Samuel Nallathambi ... Appellant/Petitioner in W.A.(MD)
No.24 of 2020
J.Nici Sugantham ... Appellant/Petitioner in W.A.(MD)
No.1332 of 2019
P.Paulkani Ponnammal ... Appellant/Petitioner in W.A.(MD)
No.1333 of 2019
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary,
Department of School Education,
Fort St. George, Chennai – 9.
2.The Director of School Education,
DPI Campus,
College Road, Chennai – 6.
3.The District Elementary Educational Officer,
O/o. The District Educational Officer,
S.N. High Road,
Tirunelveli – 627 001.
Now Re-designated as
The District Educational Officer,
O/o. The District Educational Officer,
S.N.High Road,
Tirunelveli – 627 001.
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W.A.(MD)Nos.24 of 2020, 1332 and 1333 of 2019
4.The Assistant Elementary Educational Officer,
O/o. The Assistant Elementary Educational Officer,
Manur @ Rastha,
Tirunelveli District.
Now Re-designated as:-
The Block Educational Officer,
O/o. The Block Educational Officer,
Manur @ Rastha,
Tirunelveli District. ... Respondents/Respondents in W.A.
(MD) No.24 of 2020
1.The Director of Elementary Education,
Nungambakkam,
Chennai – 600 006.
2.The District Elementary Education Officer,
Tirunelveli District at Tirunelveli – 627 002.
3.The Additional Assistant Elementary Educational Officer,
Nanguneri Range at Nanguneri,
Tirunelveli District.
... Respondents/Respondents in W.A.
(MD) Nos.1332 and 1333 of 2019
Common Prayer : Appeals filed under Clause 15 of the Letters Patent Act
against the common order passed by this Court in W.P.(MD)Nos.12930 of 2017,
14763 of 2012 and 14784 of 2012 dated 08.08.2019.
For Appellant in W.A.(MD) : Mr.M.Ajmal Khan
No.24 of 2020 Senior Counsel
For Appellant in W.A.(MD) : Mr.P.Velmurugan
Nos.1332 and 1333 of 2019
For Respondents in all the : Mrs.S.Srimathy
Writ Appeals Special Government Pleader
*****
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W.A.(MD)Nos.24 of 2020, 1332 and 1333 of 2019
COMMON JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J)
All these appeals involve a checkered history from the order passed
by the Division Bench of this Court, way back on 14.07.1994 in W.P.Nos.5385
of 1988 etc. batch.
2.The issue involved in these Writ Appeals is rather simple. The
allegation made against the appellants is that the certificates obtained by them
from the Karnataka Secondary Education Examination Board is not genuine and
is forged and these appellants have failed, but they managed to get certificates
as if they have passed. This has also been brought to the notice by the
communications sent by the Karnataka Secondary Education Examination
Board on 27.11.1995 and thereafter on 28.01.1997, which is addressed to the
Joint Director, Office of the Director of Elementary Education, Chennai, which
would indicate the aforesaid factum. However, by further orders of this Court,
the appellants were permitted pursue their jobs, while asking the Karnataka
Secondary Education Examination Board to once again look into the matter.
Accordingly, orders have been passed on 14.07.1994, 30.04.2003 and
29.04.2004. In a subsequent order passed in W.P.(MD) No.26441 of 2004,
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W.A.(MD)Nos.24 of 2020, 1332 and 1333 of 2019
dated 25.08.2011, the respondents were asked to return the original certificates
so as to enable the appellants to approach the said Board. According to the
appellants, the said order has not been complied with.
3.Learned Senior Counsel appearing for the appellants submitted that
the appellants have reached the age of superannuation and inasmuch as no
proceedings have been initiated and concluded, in the absence of any statutory
bar, consequential benefits have to be given and the orders passed by this Court
on various occasions would be binding on the respondents.
4.Learned Special Government Pleader appearing for the respondents
submitted that the orders passed by this Court have become final. Considering
the very same issue, a Division Bench of this Court in W.A.(MD) Nos.901 and
902 of 2013, dated 15.11.2018, rejected the similar request made. Therefore, no
indulgence can be shown to the appellants and they continued and reached the
age of superannuation only pursuant to the order of this Court. Learned Single
Judge dismissed the Writ Petitions, placing reliance upon the judgment of the
Division Bench referred to above, apart from holding that with regard to 15
similarly persons, enquiry was conducted and the charges were found to be true.
These appellants being similarly placed, they cannot have the relief.
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W.A.(MD)Nos.24 of 2020, 1332 and 1333 of 2019
5.For nearly two decades the appellants managed to continue in their
jobs by virtue of the orders of this Court. The communications sent by
Karnataka Secondary Education Examination Board have not been challenged.
Without expressing anything on the orders passed, we are unable to understand
as to how a Writ of Mandamus can be issued to an authority which is situated
outside the State, even by stretch of Article 226(2) of the Constitution of India.
Be that as it may, as on today, the fact remains that the Karnataka Secondary
Education Examination Board has held that these certificates are not genuine. It
is for the appellants to do the needful and place the relevant materials before the
respondents that they did complete the course. We do not wish to suggest the
remedy to the appellants and it is for them to do so. Suffice to state that until
and unless the appellants produce un-impeachable documents to the satisfaction
of the respondents, the question of payment of retirement benefits would not
arise. On continuing in a job, in pursuant to the orders of this Court, affecting
the process of adjudication will never give any right. The appellants should be
happy that recovery proceedings have not been initiated. We do not wish to
express anything on the merits of the case, except by observing that in the event
of the appellants getting appropriate certificates from the Karnataka Secondary
Education Examination Board that they did complete the course, they can very
well approach the respondents and seek pension.
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W.A.(MD)Nos.24 of 2020, 1332 and 1333 of 2019
6.Statements made by the learned Senior Counsel appearing for the
appellants that the orders of the learned Single Judge, directing the respondents
to furnish original certificates, has not been complied with and as a
consequence the benefits could not be paid cannot be countenanced as the relief
claimed is not with respect to operation of the said order passed or its non-
compliance.
7.In such view of the matter, the Writ Appeals stand disposed of with
the observation that it is open to the appellants to seek the payment of retiral
benefits and other entitlements after obtaining appropriate certificates from the
Karnataka Secondary Education Examination Board to the satisfaction of the
respondents. Consequently, connected C.M.P.(MD) No.279 of 2020 in W.A.
(MD)Nos.24 of 2020 is closed. No costs.
Index :Yes/No [M.M.S.J.,] [S.A.I.J.,]
Internet :Yes/No 09.03.2021
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.
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W.A.(MD)Nos.24 of 2020, 1332 and 1333 of 2019
To
1.The Principal Secretary,
Department of School Education,
Fort St. George, Chennai – 9.
2.The Director of School Education,
DPI Campus,
College Road, Chennai – 6.
3.The District Elementary Educational Officer,
O/o. The District Educational Officer,
S.N. High Road,
Tirunelveli – 627 001.
Now Re-designated as
The District Educational Officer,
O/o. The District Educational Officer,
S.N.High Road,
Tirunelveli – 627 001.
4.The Assistant Elementary Educational Officer,
O/o. The Assistant Elementary Educational Officer,
Manur @ Rastha,
Tirunelveli District.
Now Re-designated as:-
The Block Educational Officer,
O/o. The Block Educational Officer,
Manur @ Rastha,
Tirunelveli District.
5.The Director of Elementary Education,
Nungambakkam,
Chennai – 600 006.
6.The District Elementary Education Officer,
Tirunelveli District at Tirunelveli – 627 002.
7.The Additional Assistant Elementary Educational Officer,
Nanguneri Range at Nanguneri,
Tirunelveli District.
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W.A.(MD)Nos.24 of 2020, 1332 and 1333 of 2019
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
sj
W.A.(MD)Nos.24 of 2020 and 1332 and 1333 of 2019
09.03.2021
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