Madras High Court
A.Muthu vs The Secretary on 28 March, 2022
W.A(MD)No.281 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A(MD)No.281 of 2022
A.Muthu .. Appellant
Vs
1.The Secretary,
School Education Department,
Fort St.George, Secretariat,
Chennai.
2.The Joint Director of School Education,(HSC)
Directorate of School Education,
Nungambakkam, Chennai.
3.The Chief Educational Officer,
Pudhukottai District,
Pudhukottai. .. Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 15.02.2022 made in W.P.(MD) No. 22547 of
2019.
For Appellant : Mr.K.Jeyamohan
For : Mr.S.P.Maharajan,
Respondents Special Government Pleader
JUDGMENT
[Delivered by PARESH UPADHYAY, J.]
Challenge in this writ appeal is made to the order dated 15
February 2022 recorded on W.P(MD) No.22547 of 2019. This appeal
is by the writ petitioner.
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W.A(MD)No.281 of 2022
2. The petitioner had approached this Court with the
prayer that his service should have been regularized from
08.07.2004 instead of 01.06.2006, which was ordered by the State
at the relevant time. This petition was filed in the year 2019. While
dismissing the writ petition, learned Single Judge inter-alia observed
as under:
“7. Incidentally, this Court asked the learned
counsel for the petitioner as to, what is the working
hours of these teachers working in schools. It is stated
that these teachers are working 14 hours per week. A
week consists of 168 hours (7x24). Out of 168 hours, a
P.G. Assistant is working 14 hours per week and drawing
a salary of more than One Lakh. The salary has been
paid from and out of the tax payers money. The
responsibility and accountability attached to these
teachers are far more higher than the employees
working in private sectors. Teaching is a noble
profession. Teachers are expected to maintain good
conduct. The teachers, being the responsible persons in
the society, imparting education to the children, their
conduct in the society must be upto the mark and full
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W.A(MD)No.281 of 2022
devotion to duty is of paramount importance. Painfully,
there are several instances now in the public domain
that teachers are involving in many heinous offences,
including sexual harassment of children studying in the
schools. Many number of such cases are frequently
reported in recent days. The Department of Education
has to take effective measures to control the conduct of
these teachers across the State of Tamil Nadu.
8. The decent salary paid to these teachers
whether in commensuration with the performance of
their duties and hours of duty are to be reviewed by the
competent authorities of the Government for the
purpose of enforcing work discipline in schools.
Allotment of works are to be regulated.
9. Even during the pandemic situation, near
about 4 crores employees lost their job. Many families
lost their livelihood on account of several factors. Small
industries are struggling to revive their business. Even
under these conditions, the teachers are being paid full
salary for about two years, though the schools were
completely closed. In some States across the country, a
portion of the salary was deducted from the government
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W.A(MD)No.281 of 2022
employees so as to provide assistance to the COVID
affected people, who lost their regular income. Even
such measures are not taken by the State of Tamil
Nadu. Contrarily, throughout pandemic, the teachers are
getting full salary without even attending the school or
otherwise.
10. The Government of the day is expected to
protect the public interest and the public money. The
Government cannot waste the public money and the
constitution mandates that the State spends money
judiciously and in the interest of public and at no
circumstances, Government can spend money, which is
not in consonance with the public welfare schemes.
Therefore, a balancing approach is required. No doubt,
these teachers are entitled for a decent salary. However,
it is to be considered whether they are performing their
duties in accordance with the rules in force and to the
expectation to the parents and the students who all are
studying in the school.
11. This Court is of the considered opinion that
no doubt corrective measures are taken by the
Government then and there. However, the measures are
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W.A(MD)No.281 of 2022
found to be insufficient to bring back work discipline in
schools. The teachers, who all are working in the
schools and their activities and conduct both inside and
outside the schools are to be monitored by the
appropriate authorities and periodical reports are to be
submitted to the higher authorities for taking effective
measures and actions.”
3. Having heard learned advocates for the
respective parties and having considered the material on record and
keeping in view the point at issue in the writ petition we find that,
the reasons recorded in the order under challenge, more particularly
in para: 7 to 11 were not relevant for deciding the claim of the
petitioner. According to us, those observations / directions are
unwarranted and therefore the same need to be expunged from the
impugned order.
4. We however find that, in any case, the case of
the petitioner as pleaded in the writ petition filed in the year 2019
was, making some grievance with regard to perceived injustice to
him in the year 2006. We find that, such a stale claim could not
have been entertained in the writ jurisdiction in exercising powers
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W.A(MD)No.281 of 2022
under Article 226 of the Constitution of India.
5. The final conclusion of dismissing the writ
petition, according to us, can not be said to be any error apparent
on the face of the record, which may call for any interference in this
intra-court appeal. This appeal is disposed of in above terms. No
costs.
[P.U., J] [R.V., J]
28.03.2022
Index : No
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W.A(MD)No.281 of 2022
PARESH UPADHYAY, J.
and
R.VIJAYAKUMAR, J.
pkn
W.A(MD)No.281 of 2022
28.03.2022
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