Madras High Court
The District Elementary ... vs P.Mangaiyarkarasi on 9 March, 2021
W.A.(MD)No.1264 of 2020
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)No.1264 of 2020 &
C.M.P.(MD)No.7206 of 2020
and
C.M.P.(MD)No.583 of 2021
in
W.A.(MD)No.SR2728 of 2021 &
W.A.(MD)No.SR2728 of 2021
W.A.(MD)No.1264 of 2020:
1.The District Elementary Educational Officer,
Tirunelveli,
Tirunelveli District.
2.The Assistant Elementary Educational Officer,
Ambasamudram, Tirunelveli District. : Appellants
Vs.
1.P.Mangaiyarkarasi
2.The Secretary and Correspondent,
Perumal Thevar Memorial Primary School,
Kakanallur, Ambasamduram,
Tirunelveli District. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the
order dated 12.07.2018 made in W.P.(MD)No.13137 of 2014.
1/9
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W.A.(MD)No.1264 of 2020
For Appellants : Mrs.S.Srimathy,
Special Government Pleader
For Respondents : Mr.Mohammed Imran
for M/s.Ajmal Associates for R.1
Mr.K.R.Laxman
for R.2
*****
C.M.P.(MD)No.583 of 2021 in W.A.(MD)No.SR2728 of 2021:
The Secretary and Correspondent,
Perumal Thevar Memorial Primary School,
Kakanallur, Ambasamduram,
Tirunelveli District. : Petitioner / Appellant
Vs.
1.P.Mangaiyarkarasi
2.The District Elementary Educational Officer,
Tirunelveli,
Tirunelveli District.
3.The Assistant Elementary Educational Officer,
Ambasamudram, Tirunelveli District. : Respondents
PRAYER in C.M.P.(MD)No.583 of 2021: Petition filed under Section 5 of the
Limitation Act to condone the delay of 891 days in filing the writ appeal against
the order dated 12.07.2018 made in W.P.(MD)No.13137 of 2014.
PRAYER in W.A.(MD)No.SR2728 of 2021: Writ Appeal filed under Clause 15 of
the Letters Patent as against the order dated 12.07.2018 made in W.P.(MD)No.
13137 of 2014.
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W.A.(MD)No.1264 of 2020
For Petitioner : Mr.K.R.Laxman,
/Appellant
For Respondents : Mr.Mohammed Imran
for M/s.Ajmal Associates for R.1
Mrs.S.Srimathy,
Special Government Pleader
for R.2
*****
COMMON JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
Two appeals have been filed challenging the order of the learned Single
Judge, of which, one is in SR stage. W.A.(MD)No.1264 of 2020 has been filed by
the Government and C.M.P.(MD)No.583 of 2021 in W.A.(MD)No.SR2728 of
2021 has been filed by the Management.
2. The first respondent / Teacher filed a writ petition in W.P.(MD)No.13137
of 2014 seeking a writ of certiorari challenging the order passed by the
Management dismissing her from service. The Management has also filed a writ
petition in W.P.(MD)No.8354 of 2016 challenging the order dated 07.03.2016, by
which, the Management was directed to reinstate the petitioner in W.P.(MD)No.
13137 of 2014 forthwith.
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W.A.(MD)No.1264 of 2020
3. The learned Single Judge passed an order quashing the impugned order,
which is the subject matter of W.P.(MD)No.13137 of 2014, ie., the order of
dismissal. Incidently, the order dated 09.07.2018, rejecting the dismissal proposal
sent by the Management, has worked itself out, as the prayer sought for in the writ
petition filed by the Management no longer survives. Certain directions have been
issued with respect to the disbursement of salary and other benefits. Accordingly,
the payment due to the writ petitioner in W.P.(MD)No.13137 of 2014 was directed
to be shared both by the Government and the Management, on the ground that the
Government is responsible for the delay and the Management is the cause.
4. As there was no dispute with respect to the reasoning adopted by the
learned Single Judge to the effect that prior approval has not been sought for
before passing the order of dismissal, the aforesaid admitted position stood
accepted. The only other issue is with respect to the payment due to the petitioner
in W.P.(MD)No.13137 of 2014 and by whom.
5. Taking into consideration of the aforesaid position, this Court requested
Advocate Mr.T.Lajapathi Roy, to act as a Mediator. Upon mediation, it is agreed
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W.A.(MD)No.1264 of 2020
that the Management School would pay a sum of Rs.1,00,000/- (Rupees One Lakh
only) to discharge its liability. The remaining question would be with respect to
the payment that would be payable by the Government, namely, the appellants in
W.A.(MD)No.1264 of 2020.
6. On the aforesaid aspect, we find considerable force and submission made
by the learned Special Government Pleader. Though there was a delay in passing
order on the approval sought for, the fact remains that the issue has arisen in view
of the order of dismissal passed, even prior to the approval, by the Management.
The Government / appellants in W.A.(MD)No.1264 of 2020 have passed an order
directing the School Management to reinstate the Teacher. This was put into
challenge and an interim order has been obtained. Because of the pendency, the
request for prior approval was not considered. Therefore, it is not as if the
appellants in W.A.(MD)No.1264 of 2020 have taken a contra stand to the writ
petition in W.P.(MD)No.13137 of 2014. In such view of the matter, we cannot
fasten the liability on the statutory authorities, namely, the aforesaid appellants.
However, the subsistence allowance is required to be paid for the four months
period, ie., the suspension period.
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W.A.(MD)No.1264 of 2020
7. Admittedly, the institution is an aided institution. It appears that the
Management is in dire state and they are not in a position to make any payment on
this. In such view of the matter, we direct the Management / petitioner in C.M.P.
(MD)No.583 of 2021 to forward the proposal for payment of subsistence
allowance from the period of suspension to be cleared and paid by the appellants
in W.A.(MD)No.1264 of 2020. Similarly, the Management will have to forward all
the other papers for the incidental relief for the writ petitioner. The writ petitioner /
Teacher is also entitled for continuity of service for the aforesaid period and
therefore, consequential benefits will have to be given, though she is not entitled
for any salary for the interregnum period.
8. Accordingly, the petitioner in C.M.P.(MD)No.583 of 2021 in W.A.
(MD)No.SR2728 of 2021 / Management shall pay a sum of Rs.1,00,000/- (Rupees
One Lakh only) within a period of two weeks from the date of receipt of a copy of
this judgment and within such period, all the papers pertaining to the writ
petitioner in W.P.(MD)No.13137 of 2014, as indicated by us supra, will have to be
sent, which is inclusive of the payment of subsistence allowance during the period
of suspension.
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W.A.(MD)No.1264 of 2020
9. On receipt of the aforesaid proposal, the Government / appellants in W.A.
(MD)No.1264 of 2020 will have to pass appropriate orders within a further period
of eight weeks thereafter. We once again reiterate that the subsistence allowance
will have to be paid by the aforesaid appellants. We find that though they are not
responsible for the delay, there is a degree of responsibility which can be fixed
upon them as well, at least to the extent of paying the subsistence allowance and
the consequential benefits other than the salary for the interregnum period.
10. At this juncture, it has been brought to the notice of this Court that the
request for approval of the Secretaryship of the Management is pending
consideration with the appellants in W.A.(MD)No.1264 of 2020. Appropriate
orders in this regard will have to be passed within a period of four weeks from the
date of receipt of a copy of this judgment. If the approval is granted, then the
direction issued by us in the preceding paragraph would start from the period of
two weeks from the date of such approval. If approval is denied, then apart from
the direction to the Management to pay the amount, which has to be complied with
by the Management, as ordered, ie., within a period of two weeks from the date of
receipt of a copy of this judgment, the remaining direction will have to be
complied with by the appellants in W.A.(MD)No.1264 of 2020 forthwith.
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W.A.(MD)No.1264 of 2020
11. This Court places on record its appreciation for the efforts made by
Mr.T.Lajapathi Roy, learned Counsel, who was appointed as Mediator.
12. With the above observations and directions, W.A.(MD)No.1264 of 2020
as well as C.M.P.(MD)No.583 of 2021 in W.A.(MD)No.SR2728 of 2021 stand
disposed of. In view of the orders passed above, W.A.(MD)No.SR2728 of 2021,
which is in SR stage, stands closed. There shall be no order as to costs.
Consequently, connected miscellaneous petitions, if any, shall stand closed.
Index : Yes / No [M.M.S.,J.] [S.A.I.,J.]
Internet : Yes 09.03.2021
gk
To
1.The District Elementary Educational Officer,
Tirunelveli,
Tirunelveli District.
2.The Assistant Elementary Educational Officer,
Ambasamudram, Tirunelveli District.
http://www.judis.nic.in
W.A.(MD)No.1264 of 2020
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
gk
W.A.(MD)No.1264 of 2020
and
C.M.P.(MD)No.583 of 2021
in
W.A.(MD)No.SR2728 of 2021
09.03.2021
http://www.judis.nic.in
