Madras High Court
) The State Of Tamil Nadu vs ) Fr.Geevarghese Mathew on 29 November, 2021
W.A(MD)No.2131 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.11.2021
CORAM :
THE HONOURABLE TMT.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN
W.A(MD)No.2131 of 2021
and
CMP(MD)No.9959 of 2021
1) The State of Tamil Nadu,
Rep by its Secretary,
Department of School Education,
Fort St.George,
Chennai-600 009.
2) The Director of School Education,
College Road,
Chennai-600 006.
3) The Chief Educational Officer,
Tiruchirapalli District,
Tiruchirapalli.
4) The District Educational Officer,
Tiruchirapalli District,
Tiruchirapalli. ... Appellants
vs.
1) Fr.Geevarghese Mathew
2) Ponnia Higher Secondary School,
Rep. by its Corporate Manager,
Palakkarai-620 001,
Tiruchirapalli District. ... Respondents
1/6
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W.A(MD)No.2131 of 2021
Appeal filed under Clause 15 of Letters Patent, against the
order dated 29.07.2021 made in W.P(MD)No.11689 of 2017.
For Appellants : Mr.P.Subbaraj
Special Government Pleader
For R1/Caveator : No appearance
JUDGMENT
(Judgment of the Court was made by
PUSHPA SATHYANARAYANA, J.)
The writ petitioner, who is the 1st respondent in this appeal, is
a Post Graduate Teacher appointed in a sanctioned vacancy in the
2nd respondent school and it was also approved by the 4th appellant
and he has been drawing the salary for the said post. However, in
the month of July 2013, the salary bill of the 1st respondent was
returned stating that the disbursement of the salary for the wit
petitioner could be considered only as per the norms in vogue, that
is, after passing the Tamil language test conducted by the TNPSC or
the TRB.
2. The appellants had contended that as per the
requirement of Rule 12-A of the Tamil Nadu State and Subordinate
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W.A(MD)No.2131 of 2021
Service Rules, the 1st respondent/writ petitioner should have passed
the Tamil language test conducted by the TNPSC or the TRB, within
two years from the date of appointment. As the writ petitioner had
not satisfied the said requirement, he is not entitled to claim salary
by way of grant-in-aid from the Government of Tamil Nadu.
3. The learned single Judge who considered the writ
petition, placing reliance on the decisions of the Hon'ble Supreme
Court in A.B.Krishna vs. State of Karnataka reported in (1998)
3 SCC 495 and T.M.A. Pai Foundation vs. State of Karnataka
reported in (2002) 8 SCC 481, disposed the writ petition,
remanding the matter back to the authorities, for fresh
consideration in accordance with law.
4. The Writ Court had given directions in detail as to how
the authorities should deal with it. In clause 5 of the directions, it is
stated that the eligible amount of arrears of salary should be paid
within one month from the date of passing of the order and report
of compliance in that regard shall be filed before this Court, apart
from monthly salary for future months on due dates. Clause 5 will
come into operation only after Clauses 1 to 4 are complied with, as
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W.A(MD)No.2131 of 2021
it is only consequential in nature. Even without adverting to the
said fact, the Government has rushed to this Court by filing the
appeal.
5. Therefore, we are not inclined to interfere with the order
passed by the learned single Judge. We reiterate that the directions
issued by the Writ Court has to be complied in its letter and spirit,
within a period of four weeks and compliance to be reported as has
been directed therein.
6. Accordingly, this Writ Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
7. Post the matter on 04.01.2022 for reporting compliance.
[P.S.N.,J.] & [P.V.,J.]
29.11.2021
Index : Yes / No
Internet : Yes / No
bala
https://www.mhc.tn.gov.in/judis
W.A(MD)No.2131 of 2021
To
1) The Secretary,
State of Tamil Nadu,
Department of School Education,
Fort St.George,
Chennai-600 009.
2) The Director of School Education,
College Road,
Chennai-600 006.
3) The Chief Educational Officer,
Tiruchirapalli District,
Tiruchirapalli.
4) The District Educational Officer,
Tiruchirapalli District,
Tiruchirapalli.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.2131 of 2021
PUSHPA SATHYANARAYANA, J.
and
P.VELMURUGAN, J.
bala
JUDGMENT MADE IN
W.A(MD)No.2131 of 2021
DATED : 29.11.2021
https://www.mhc.tn.gov.in/judis
