Madras High Court
The Government Of Tamil Nadu vs A.Philomena on 5 January, 2022
Rev.Appl.No.47 of 2020
and Cont.P.No.1923 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
Rev.Appl.No.47 of 2020
and Cont.P.No.1923 of 2019
Rev.Appl.No.47 of 2020
1.The Government of Tamil Nadu,
Rep by its Secretary to Government,
School Education Department, Secretariat,
Chennai-600 009.
2.The Director of Elementary Education,
Nungambakkam, Chennai-600 006.
3.The District Elementary Educational Officer,
Nagapattinam, Nagapattinam District.
4.The Assistant Elementary Educational Officer,
Keezhaiyur, Nagapattinam District. .. Petitioners
vs.
1.A.Philomena
2.The Manager / Secretary,
St.Sebastian Aided Primary School,
Kameswaram East, Kameswaram Post,
Nagapattinam District. .. Respondents
https://www.mhc.tn.gov.in/judis
Rev.Appl.No.47 of 2020
and Cont.P.No.1923 of 2019
Prayer: Review Application filed under Order 47 Rule 1 read with Section
144 CPC to review the order dated 03.08.2017 passed in W.P.No.24787 of
2012.
For Petitioner : M.V.Nanmaran,
Additional Government Pleader
For Respondents : Mr.A.R.Suresh
for M/s.V.Tripathi
Cont.P.No.1923 of 2019
A.Philomena .. Petitioner
vs.
1.Mr.Pradeep Yadav, I.A.S.,
Secretary, Government of Tamil Nadu,
School Education Department, Fort St.George,
Chennai-600 009.
2.Mr.Sethuramavarma, L
The Director of Elementary Education,
Nungambakkam, Chennai-600 006.
3.Mr.C.Karthikeyan,
The District Elementary Educational Officer,
Nagapattinam District.
4.Mr.V.Subramanianm
The Assistant Elementary Educational Officer,
Kezhaiyur, Nagapattinam District,
Now the Block Educational Officer,
Keezhaiyur, Nagapattinam District.
https://www.mhc.tn.gov.in/judis
Rev.Appl.No.47 of 2020
and Cont.P.No.1923 of 2019
5.Mr.ARP. Arokiadoss,
The Manager / Secretary,
St.Sebestian Aided Primary School,
Kameswaram Post, Nagapattinam District. .. Respondents
Prayer: Contempt Petition filed under Section 11 of the Contempt of Court
Act, to punish the respondents for wilful disobedience of the order of this
Court dated 03.08.2017 made in W.P.No.24787 of 2012.
For Petitioner : Mr.A.R.Suresh
for M/s.V.Thirupathi
For Respondents : Mr.V.Nanmaran,
Additional Government Pleader
COMMON ORDER
The official respondents in W.P.No.24787 of 2012 are the review
applicants herein. The said writ petition was filed by the first respondent /
writ petitioner seeking to quash the impugned order of the fourth respondent
therein dated 18.04.2012 and for a consequential direction to the
respondents/review applicants herein to approve the appointment of the writ
petitioner as Secondary Grade Teacher w.e.f. 18.09.1996 in the second
respondent school and disburse pay and allowance for the period from
18.09.1996 to 01.06.2003 with interest and to grant Section Grade Scale of
Pay on completion of 10 years of service in ordinary grade and disburse
monetary benefits thereof. The writ petition came to be allowed by this
https://www.mhc.tn.gov.in/judis
Rev.Appl.No.47 of 2020
and Cont.P.No.1923 of 2019
Court, vide order dated 03.08.2017, by following the decision of a learned
Single Judge of this Court in W.P(MD.No.9072 of 2005 dated 19.12.2007,
which was also confirmed by a Division Bench of Madurai Bench of Madras
High Court in W.A.(MD)No.11055 of 2009 dated 01.10.2009 and directed
the respondents to regularize the services of the petitioner with effect from
the date of he appointment i.e., 18.09.1996 and also she is entitled for all
consequential benefits.
2. The present review application has been filed by the official
respondents in W.P.No.24787 of 2012 by stating that in connected writ
appeals in W.A.(MD)Nos.74 of 2015 and 957 of 2016, a Division Bench of
this Court, vide judgment dated 21.03.2018, upheld the Government Order in
G.O.Ms.No.155, School Education (D2) Department dated 03.10.2002 and
set aside the order passed by the learned Single Judge and the relevant
portion of the said judgment is extracted hereunder:
“10.The learned counsel for the respondents/writ
petitioners relied on certain other orders passed by various
single Benches including one of us (TSSJ) and on perusal of the
same, we find that in none of those decisions, the full affect of
G.O.Ms.No.155 and the conditions therein have been
https://www.mhc.tn.gov.in/judis
Rev.Appl.No.47 of 2020
and Cont.P.No.1923 of 2019
thoroughly examined. Apart from that, the decision in the case
of Pallivasal Primary School has not been specifically noted.
Therefore, we are of the considered view, that those decisions
cannot be referred to advance the case of the respondents/writ
petitioners, though some of them have attained finality.
Needless to state that if there has been a wrong decision, it
cannot be treated as precedent.
11.In the light of the above reasoning, we are of the
considered view that the order passed by the Writ Court
directing disbursement of salary from the date of original
appointment, cannot be sustained, in the light of explicit
condition imposed in G.O.Ms.No.155, which was upheld by the
Division Bench in a Public Interest Litigation. Thus, for the
above reasons, the writ appeals filed by the department has to
be allowed.
12.The learned counsel for the respondents submitted
that though there were about 3000 Teachers who were
appointed in such improper manner as of now 300 Teachers
would be entitled to monitory benefits and as remaining
persons were already paid and they were protected by the
Divison Bench order from the effect of recovery. The learned
counsel submitted that the respondent should be permitted to
approach the Government by way of representation.
13.We make no positive observation on this request.
But it is always open to the respondents/writ petitioners to
https://www.mhc.tn.gov.in/judis
Rev.Appl.No.47 of 2020
and Cont.P.No.1923 of 2019
approach the Government, if they so desire. For the above
reasons, the writ appeals are allowed and the impugned orders
are set aside and consequently, the writ petitions are dismissed.
No Costs. Consequently M.P.(MD)Nos.1 and 2 of 2015 and
C.M.P.(MD)No.5749 of 2016 are closed.”
3. Mr.V.Nanmaran, learned Additional Government Pleader for the
review applicants would submit that in view of the aforesaid order passed by
a Division Bench of this Court in W.A(MD)Nos.74 of 2015 and 957 of 2016
dated 21.03.2018, the present review application may be allowed.
4. Mr.A.R.Suresh, learned counsel for the respondent / writ petitioner
would submit that the aforesaid Division Bench order came to be passed on
21.03.2018, which is subsequent to the order passed by this Court.
5. When the same issue has been subsequently decided by a Division
Bench of this Court as cited supra wherein the Division Bench has
elaborately discussed the Government Order as well as the earlier orders of
this Court and the respondents have not complied with the order passed by
this Court, following the Division Bench order of this Court in
https://www.mhc.tn.gov.in/judis
Rev.Appl.No.47 of 2020
and Cont.P.No.1923 of 2019
W.A(MD)Nos.74 of 2015 and 957 of 2016 dated 21.03.2018,, the present
review application is allowed and the respondents are directed to follow the
directions issued by the Division Bench of this Court in W.A.(MD)Nos.74 of
2015 and 957 of 2016 dated 21.03.2018.
6. In view of allowing of Rev.Appl.No.47 of 2020, the connected
contempt petition in Cont.P.No.1923 of 2019 shall stands closed.
05.01.2022
Index : Yes / No
Internet : Yes / No
Jvm
To
1.Mr.Pradeep Yadav, I.A.S.,
Secretary, Government of Tamil Nadu,
School Education Department, Fort St.George,
Chennai-600 009.
2.Mr.Sethuramavarma, L
The Director of Elementary Education,
Nungambakkam, Chennai-600 006.
3.Mr.C.Karthikeyan,
The District Elementary Educational Officer,
Nagapattinam District.
https://www.mhc.tn.gov.in/judis
Rev.Appl.No.47 of 2020
and Cont.P.No.1923 of 2019
D.KRISHNAKUMAR. J
Jvm
4.Mr.V.Subramanianm
The Assistant Elementary Educational Officer,
Kezhaiyur, Nagapattinam District,
Now the Block Educational Officer,
Keezhaiyur, Nagapattinam District.
5.Mr.ARP. Arokiadoss,
The Manager / Secretary,
St.Sebestian Aided Primary School,
Kameswaram Post, Nagapattinam District
Rev.Appl.No.47 of 2020
and Cont.P.No.1923 of 2019
05.01.2022
https://www.mhc.tn.gov.in/judis
