Madras High Court

A.Arul Dhason vs The State Of Tamil Nadu on 27 January, 2022

W.P(MD)Nos.21334 to 21343 of 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 27.01.2022

CORAM:

THE HONOURABLE DR JUSTICE ANITA SUMANTH

W.P.(MD) Nos.21334 to 21343 of 2018
and W.M.P(MD)No.18126 of 2021
and W.M.P(MD)Nos.19206, 19207, 19208, 19209,
19210, 19211, 19212, 19213, 19214, 19215 of 2018

In W.P(MD)No.21334 of 2018:

A.Arul Dhason ... Petitioner
Vs.

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 Director of Elementary Education,
College Road, Chennai – 600 006.

4. The Joint Dierctor of School
Education (Elementary),
College Road, Chennai – 600 006.

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W.P(MD)Nos.21334 to 21343 of 2018

5. The Chief Educational Officer,
Nagercoil, Kanyakumari District.

6. The District Educational Officer,
Kuzhithurai, Kanyakumari District.
7. The District Elementary Educational Officer,
Nagercoil, Kanyakumari District.

8. The Correspondent,
St. Joseph's Middle School,
Ramanthurai – 629 193
Kanyakumari District. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to
issue a writ of Mandamus directing the respondents to approve the
appointment of petitioner's service as Headmaster of Middle School in the 8 th
respondent School with all attendant service benefits including the arrears of
salary and allowance during the period between 01.06.1985 to 01.06.1997 in
terms of the orders of the Division Bench of this Court dated 24.03.2008 in
W.A.Nos.1329 of 2000 etc., batch more particularly in W.P.No.5004 of 1988.
In all Writ Petitions:
For Petitioners : Mr.Isaac Mohanlal
Senior Counsel
In W.P(MD)Nos.21334 to 21339 of 2018 and 21341 to 21343 of 2018:
For R1 to R7 : Mr.K.S.Selvaganesan
Additional Government Pleader
In W.P(MD)No.21340 of 2018:
For R1 to R4 : Mr.K.S.Selvaganesan
Additional Government Pleader
In W.P(MD)Nos.21334 to 21339 of 2018 and 21341 to 21343 of 2018:
For R8 : Mr.Vivek Kumar

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W.P(MD)Nos.21334 to 21343 of 2018

for M/s.H.Thayumanasamy
In W.P(MD)No.21340 of 2018:
For R5 : Mr.Vivek Kumar
for M/s.H.Thayumanasamy

COMMON ORDER

Read this order in conjunction with my order dated 25.01.2022, as

follows:

“Heard Mr.Isaac Mohanlal, learned counsel on record for the
petitioners, Mr.K.S.Selvaganesan, learned Additional Government
Pleader for the official respondents and Mr.Vivek Kumar, learned
counsel for Mr.H.Thayumanaswamy, for the School.

2. Admittedly, the State has been sitting tight and has not
implemented the directions issued by the Division Bench dated
24.03.2008 in W.P.No.5004 of 1988 (2008 (4) MLJ 289). The specific
direction of the Division Bench is to dispose the representations filed
by the St. Joseph's Middle School, which was the party in that writ
petition, within sixteen weeks from the date of receipt of that order.
3. Since the School has not pursued the matter, the petitioners,
being directly aggrieved parties have filed representations on
15.02.2018. The premise of this representation is to urge action of the
State in implementing order of the Division Bench dated 24.03.2008.
Those representations have been forwarded by the Joint Director of
Elementary Education to the Chief Educational Officer and District
Educational Officer for necessary action. Even after communication,
there has been no light at the end of the tunnel.

4. The defence put up by Mr.K.S.Selvaganesan, learned Additional

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W.P(MD)Nos.21334 to 21343 of 2018

Government Pleader is to the effect that, as the Schools have not
pursued the order of the Division Bench, this would exonerate the
State from implementing the order of the Division Bench. This is
rejected straight away. Such a submission does not behove the State.
5. There is no necessity for any of the parties in a litigation to
pursue or make a representation for implementation of an order
passed by the Court and it is incumbent upon the authority to which
directions have been issued to implement the same strictly in line
with the directions and the time frames imposed.

6. In light of communication dated Nil February 2018 of the
JDEE, Mr.K.S.Selvaganesan, learned Additional Government
Pleader requests a days’ time to verify whether action has been taken
and orders passed, failing which a time frame will be fixed by this
Court as a final opportunity to enable the State to implement the
2008 orders.

7. All petitioners have moved on in their career paths and one
petitioner is stated to have passed away. The aforesaid will not
impact the prayers in writ petitions insofar as they relate only to the
period of their service in St. Joseph's Middle School.

8. The same position obtains in W.P.(MD).No.21305 of 2018 and the
only difference in facts are in regard to the School, which in this case
is a Higher Secondary School, the post, a lab assistant and the fact
that the petitioner continues in the same school till date.

9. Bearing the aforesaid differences in fact, the observations and the
directions issued in the preceding paragraph of the order, and passed
in other nine writ petitions, would equally apply in this case as well.
10. List on 27.01.2022 ”.

2. Since the matter is being disposed finally today, it appropriate that the

rival contentions of the parties are recapitulated. The petitioners in the nine

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W.P(MD)Nos.21334 to 21343 of 2018

Writ Petitions were working in the 8th respondent School, the St.Joseph Middle

School, Ramanthurai, Kanyakumari District (in short, R8/School’), an aided

minority institution.

3. R8 was established as a primary school in 1846 and upgraded to the

status of a middle school in 1985. The school had approached this Court

seeking approval and sanction for grant-in-aid for the upgraded middle school.

Those Writ Petitions came to be allowed on 06.12.1990 and thereafter, the

Chief Educational Officer had granted affiliation to the school on 02.09.1991.

4. The school thereafter sought implementation of the order of the court

by its representation dated 13.08.1992. The writ petitions were decided on

06.12.1990 as a batch, as against which, the State filed the petitions for Special

Leave before the Hon'ble Supreme Court. All matters were remanded to the

High Court for fresh consideration in the light of the judgment of the

Constitutional Bench of the Supreme Court in T.M.A. Pai Foundation and

Others Vs. State of Karnataka and Others (2002) 8 SCC 481.
5. The Writ Appeals thereafter came to be disposed on 24th March 2008

in G.Sahadevan Nair, Kanyakumari District Vs. Government of Tamil Nadu,

rep. by its Secretary, Education Department, Chennai and others (2008 (4)

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W.P(MD)Nos.21334 to 21343 of 2018

MLJ 289) in favour of the Schools and against the Stat e. In conclusion, the

following directions came to be issued:

....

29. For the aforesaid reasons, we allow the various writ petitions by giving the following directions :-

(i) The State of Tamil Nadu and the other authorities concerned shall consider the application of each of the Institution for grant- in-aid within a period of 16 weeks without being influenced by the fact that such institutions had been established without obtaining any prior permission and also by the fact that such institutions had given letter in writing indicating that after obtaining recognition they will not claim any grant-in-aid. However, while considering such application, the relevant facts such as the existence of necessary infrastructure, teacher-student ratio and the eligibility of the concerned teacher to hold the post should be considered.

(ii) If it is found that any particular institution is entitled to receive any aid, decision should be taken with regard to eligibility within a period of four months and should be communicated to the concerned institution.

(iii) If any institution is found eligible to receive such aid, necessary payment shall be made within a further period of four months from the date of such sanction.

(iv) The continued right of any institution to receive any aid is to be considered keeping in view the relevant G.O., applicable from time to time.

(v) Similarly, in respect of minority institutions, which were receiving aid in respect of some of the posts and were seeking for approval and payment of aid for any additional post, such question is required to be considered within a period of four months by keeping in view the teacher pupil ratio applicable during any particular period.

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(vi) If, on the other hand, any school or any post is found ineligible for sanction of grant, such decision should be communicated to the concerned institution by giving brief reasons within a period of three weeks from the date of order of refusal.

6. These orders have become final. Despite a lapse of more than 1 1/2

decades, the State has admittedly yet to comply with the directions of the

Division Bench. As recorded by me in order dated 25.01.2022, the justification

advanced by the State for non-compliance of the order passed by the Division

Bench is two-fold.

7. Firstly, they state that the School has not pursued implementation of

the order passed by the Division Bench. I reiterate that this argument is

unacceptable for reasons set out on my order dated 25.01.2011 extracted above.

Needless to say, the State and authorities are duty bound to carry out the

directions of the court within the time frames stipulated. I am appalled that

such a submission could be made at all.

8. The second submission is premised upon a tabulation of the relevant

particulars in the case of nine petitioners as provided by the learned Additional

Government Pleader, and is extracted below:





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                                                                            W.P(MD)Nos.21334 to 21343 of 2018




                 S.       Case Number and      Period of     Remarks
                 No        Petitioner name      Claim
                 .
                 1.     W.P(MD)No.21334      01.06.1985 to On 02.06.1997 subsequently he was appointed
                        of 2018              01.06.1997    as a middle school H.M in the same school and
                        A.Aruldasan                        he attained Superannuation on 30.09.2009
                 2.     W.P(MD)         No. 01.06.1987 to On 06.06.2003 subsequently she was appointed
                        21335/2018   G.Joys 05.06.2003    as Secondary Grade Teacher in the same school
                        Mary                              and he attained Superannuation on 31.05.2009
                                                          expired on 14.02.2020
                 3.     W.P(MD)No.21336      02.06.1997 to In the vacant of one Rajam (W.P(MD)No.21341
                        of 2018              13.06.2002    of 2018) who transfer to some other school. He
                        Miller Singh                       was appointed on 2.6.1997 and on 13.06.2002

resigned the job and got employment in the Government School

4. W.P(MD)No.21337 From Appointed as Tamil Pandit on 01.06.2009 in the of 2018 01.06.2009 to vacant of L.Jesumary (W.P(MD)No.21343 of H.Judit Mary till date 2018) and the said post remains unapproved till date

5. W.P(MD)No.21338 01.06.1986 to Appointed as sewing mistress on 01.06.1986 of 2018 04.10.2005 and left from the service on 04.10.2005. S.Leema Rose

6. W.P(MD)No.21339 From He was appointed as physical education teacher of 2018 15.06.2002 to on 15.06.2002 in the vacant of Miller Singh till date (W.P(MD)No.21336 of 2018) and the said post remains unapproved till date.

7. W.P(MD)No.21341 01.06.1987 to She was appointed as a physical education of 2018 31.06.1997 teacher on 01.06.1987 subsequently she was J.Rajam transferred to another school on 31.05.1997.

8. W.P(MD)No.21342 01.06.1986 to He was appointed as secondary grade teacher on of 2018 03.06.1990 01.06.1986, subsequently his appointment was P.Joseph Reginald approved w.e.f 04.06.1990 and he got superannuation on 06.06.2012

9. W.P(MD)No.21343 01.06.1987 to She was appointed as Tamil Pundit on of 2018 31.08.2006 01.06.1987 and got superannuation on L.Jesu Mary 31.08.2006.

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9. His argument is that several of the writ petitioners have been

transferred, have superannuated or even passed away pending proceedings, that

is, either the Writ Petitions filed at the first instance, Writ Appeals or the

present writ petitions and he would imply that this would somehow exonerate

non- compliance with the order.

10. This submission is irrelevant apart from being undeserving of

consideration. As may be seen from the tabulation, the claims made by the

petitioners relate to periods of employment even prior to filing of the Writ

Petitions at the first instance and the Division Bench has accepted and allowed

their claims. Thus, subsequent events such as transfers or even their demise,

would have no relevance at all.

11.The objection on maintainability advanced by the State is also

misconceived. They would argue that the petitioners have no locus standi to

seek the benefits that they do now, and it is only the school that could have

sought enforcement of the orders. This is also rejected as I am of the categoric

view that there could none more interested in service benefits than the

concerned employee himself or herself. Thus, it is certainly open to the

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concerned employee to move this Court for appropriate relief.

12.The argument of the State that the present writ petitions are belated is

also rejected. As recorded by me in order dated 25.01.2022, the School is stated

to have filed a representation dated 09.11.2008 pursuing the relief granted in

Writ Appeal. Though received by the authorities, it, admittedly has not been

decided thus far.

13. The petitioners have also made representations urging

implementation of order dated 24.03.2008 and those representations have been

forwarded by the Joint Director of Elementary Education to the Chief and

District Educational Officers for necessary action. This request is also pending

as on date. Thus, I do agree with learned State counsel that there is a delay, but

that delay is by the State.

14. Clearly, the State is in contempt of order of the Division Bench dated

24.03.2008. When pointed out and in order to avoid action in that regard, a

final opportunity of four weeks is granted as requested by learned Additional

Government Pleader, to comply with order of the Division Bench dated

24.03.2008.

15. Mandamus as sought for is issued directing the respondents to

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implement order of the Division Bench dated 24.03.2008 within a period of

four(4) weeks from today. This Writ Petition is disposed as above. No costs.

Consequently, connected miscellaneous petitions are closed.

16. List on 28.02.2022 under the caption ‘for reporting compliance’.

27.01.2022 Index : Yes/No Internet: Yes CM

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.

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.

https://www.mhc.tn.gov.in/judis W.P(MD)Nos.21334 to 21343 of 2018

3. The Director of Elementary Education, College Road, Chennai – 600 006.

4. The Joint Dierctor of School Education (Elementary), College Road, Chennai – 600 006.

5. The Chief Educational Officer, Nagercoil, Kanyakumari District.

6. The District Educational Officer, Kuzhithurai, Kanyakumari District.

7. The District Elementary Educational Officer, Nagercoil, Kanyakumari District.

DR. ANITA SUMANTH , J.

W.P.(MD) Nos.21334 to 21343 of 2018 and W.M.P(MD)No.18126 of 2021

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