Madras High Court
The Director Of Elementary ... vs A.Susai Michael on 9 March, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)NO.502 OF 2012
and
M.P(MD)No.2 of 2012
1.The Director of Elementary Education,
Chennai-6.
2.The District Elementary Educational Officer,
Tuticorin District,
Tuticorin.
3.The Director of Teacher Education,
Research and Training,
Chennai -6.
4.The Principal,
District Instutute of Education and Training,
Vanaramutti,
Tuticorin District. :Appellants/Respondents 1,2,4 and 5
.vs.
1.A.Susai Michael
2.The Correspondent,
R.C.Primary Schools,
Tharuvaikulam,
Tuticorin District. : Respondents/Petitioner and
Third Respondent.
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
Act praying this Court to set aside the order passed by this Court in
W.P(MD)No.722 of 2006 and W.P.M.P(MD)No.796 of 2006, dated
05.07.2011.
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2
For Appellants :Mrs.S.Srimathy
Special Govt.Pleader
For Respondent-1 :Mr.V.Panneerselvam
For Respondent-2 :Mr.V.John Kennedy
for M/s.Father Xavier
Associates
JUDGMENT
*************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Writ Appeal is directed against the order passed in
W.P(MD)No.722 of 2006, dated 5.7.2011, wherein, the first
respondent/Writ Petitioner has challenged the order passed by the
second appellant in his proceedings in Na.Ka.No.8802/a4/2002,
dated 15.7.2005.
2.The relevant facts which are necessary for the filing of the
appeal is as follows:
The first respondent herein/Writ Petitioner was appointed as
Headmaster in the second respondent/School on 31.05.1997 w.e.f
2.6.1997. The first respondent had five years of teaching
experience. He was qualified with B.Sc., M.A., B.Ed. As he did not
have the Secondary Grade Training, placing reliance on G.O.Ms.No.
559, Education Department, dated 11.7.1995, his appointment was
not approved. As the approval was rejected, he was terminated
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from service and hence, the first respondent/Writ Petitioner had
filed a Writ Petition in W.P.No.3503 of 2000, which was dismissed,
against which, a Writ Appeal was filed in W.A.No.1184 of 2000
which was also confirmed upholding the validity of the above said
Government Order. While dismissing the Writ Appeal, an
undertaking was given before the Bench that the Government
had issued orders in G.O.Ms.No.155, School
Education(D2)Department, dated 3.10.2002 stating that all the
persons who were appointed before 19.5.1998 will be approved
giving one month training in Child Psychology Course.
Accordingly, the second appellant was requested to sponsor the
Writ Petitioner for the said Course in Child Psychology as per the
above Government Order. The Writ Petitioner had also made a
representation to that effect on 9.5.2005. However, the same was
refused by the second appellant on 15.7.2005, which is impugned
in W.P.No.722 of 2006.
3.The learned counsel for the first respondent contended that
instead of recommending his name to the District Institute of
Education and Training, his name was sent to the Director of
Elementary Educational Officer. Therefore, the Petitioner could not
get training in the Child Psychology Course as required for the post
of Secondary Grade Teachers. Since there was no qualification as
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per the requirement, he was relieved from service on 28.2.2000.
4.The learned Single Judge held that a person cannot be
denied the salary for the service rendered by him, especially,
when the appointment of the Writ Petitioner cannot be said to be
per se void, as similarly situated persons were sent for the
training and they were absorbed, after passing of the Child
Psychology Course.Therefore, the Writ Petition was partly allowed
directing the appellants herein to pay the salary to the Petitioner
from 2.6.1997 to 28.2.2000. Aggrieved by the same, the official
respondents have preferred this Writ Appeal.
5.The Government had specifically stated that the Writ
Petitioner's services were availed by the second respondent/School
from 2.6.1997 to 28.2.2000. The approval was not granted by the
appellants for the reason that the Writ Petitioner did not have
undergone the one month Course in Child Psychology. Since he did
not have the required qualification, he was terminated from
service. However, the fact remains that the first respondent/Writ
Petitioner had served in the second respondent/School between
2.6.1997 and 28.2.2000.
6.In the light of the above facts, it would be appropriate to
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direct the second respondent/ School to pay the salary to the Writ
Petitioner for the period from 2.6.1997 to 28.2.2000. Already the
learned Single Judge had awarded 6% interest per annum on the
said amount from the date on which it became due till the date of
realisation.
7.Accordingly, there will be a direction to the second
respondent/School to pay the salary to the first respondent/Writ
Petitioner as indicated above with interest at the rate of 6% per
annum from the date on which it became due till the date of
realization. It is held that the appellants 1 to 4 are not liable to pay
the salary to the Writ Petitioner. The learned counsel for the first
respondent requested that the said period of his service from
2.6.1997 to 28.2.2000 may be considered for the pensionary
benefits.It is open to him to make appropriate representation to
the authorities concerned in this regard.
8.Accordingly, the Writ Appeal is allowed to the extent as
indicated above. No costs. Consequently, connected Miscellaneous
Petition is closed.
[P.S.N.,J.] & [S.K.,J.]
09.03.2021
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Index:Yes/No
Internet:Yes/No
vsn
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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PUSHPA SATHYANARAYANA J.
AND
S.KANNAMMAL, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.502 OF 2012
and
M.P(MD)No.2 of 2012
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09.03.2021
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