Madras High Court
The Secretary vs G.Kanakaraj on 10 August, 2023
W.A.No.1290 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.A.No.1290 of 2019
and C.M.P.No.8778 of 2019
The Secretary
School Education Department
Government of Teamil Nadu
Secretariat, Fort St.George
Chennai - 600 009. ... Appellant
-Vs-
1.G.Kanakaraj
2.The Commissioner
Corporation of Chennai
Rippon Buildings, Chennai 600 003. ... Respondents
Prayer : Writ Appeal under Clause 15 of the Letters Patent against the order in
W.P.No.12598 of 2012 dated 21.12.2017.
For Appellant : Mr.K.V.Sajeev Kumar
Special Government Pleader
For Respondents : Mr.B.Aravind Sreevatsa
for Mr.A.Athimoolam - for R1
Mr.R.Gopinath, Standing Counsel - for R2
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W.A.No.1290 of 2019
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
The respondent was a teacher working in the Corporation School ie., the
second respondent. Against him, disciplinary proceedings were initiated and
ultimately punishment of cut in increment for three years with cumulative effect was
imposed. Challenging the same, writ petition was filed and the same was disposed
of on 21.12.2017.
2. The learned Judge through the impugned order dated 21.12.2017, having
set aside the said punishment, has gone further to give certain general directions,
which reads thus:
"27.As this Court has already pointed out that some immediate steps will
have to be taken for ensuring the psychological welfare of young students
and prevent any unfortunate incidents in future, this Court feels
constrained to issue some directions:-
(a).The Secretary to Government, School Education Department
shall constitute a Committee headed by the Director of School Education,
the respective District Chief Educational Officers, renowned
academicians and psychiatrics. The said committee shall assess broadly
the psychological issues the young students face today in schools and
identify the same.
(b).Upon identifying the issues and problems faced by these
students in School, then there shall be dedicated counseling and
orientation programme conducted for all school teachers and students
throughout the State.
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W.A.No.1290 of 2019
(c).The Teachers shall be appropriately advised and instructed
how to effectively handle the children who are sensitive without using any
abusive techniques.
(d).The Headmaster/Head of the particular school shall maintain
periodic reports of the Counseling/Orientation and appropriate remedial
action shall also be taken to address the grievances raised by the students.
(e).The Government shall take steps to ensure every School has a
dedicated Counselors appointed to help children in need of emotional
support.
(f).The Secretary to Government, School Education Department,
Chennai, is hereby directed to file a report in respect of taking action by
complying the above directions issued by this Court in this writ petition on
or before 09.04.2018.
Registry is directed to list the case on 09.04.2018 for filing report."
Aggrieved against the same, the present appeal has been filed.
3. Heard Mr.K.V.Sajeev Kumar, learned Special Government Pleader
appearing for the appellant, Mr.B.Aravind Sreevatsa, learned counsel for the first
respondent and Mr.R.Gopinath, learned Standing Counsel for the second respondent
Corporation.
4. Learned counsel appearing for the first respondent submitted that the
order passed by the learned Judge which is impugned herein, with regard to the
setting aside of the punishment the same need not to be traversed once again
because the first respondent has already retired from service and he is 62 years now
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W.A.No.1290 of 2019
and is leading a peaceful retirement life. At this juncture, imposing of the
punishment once again may not be justifiable, he contended.
5. However, the learned Special Government Pleader appearing for the
appellant would contend that, it is not only the punishment that has been imposed
against him was set aside by the learned Judge through the impugned order, but
also in Para 27 of the order, certain general directions have been given to be
complied with as mandatory one.
6. We have gone through the directions given by the learned Judge. Insofar
as the giving of such directions are concerned, since it is a larger issue which can be
decided at appropriate time after giving full opportunity to the State Government and
after getting the opinion from a special team to be constituted in this regard as to
how this system is functioning in the schools run by the Government as well as the
Corporation and without ascertaining this aspect in detail and without proper
materials, we feel that this kind of general directions ought not to have been given
by the learned Judge.
7. In result, this Court is of the view that insofar as the setting aside of the
punishment imposed against the first respondent, the impugned judgment is upheld.
However, insofar as the general directions subsequently given in Para 27 of the
impugned judgment is concerned, we are inclined to set aside the same and this
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W.A.No.1290 of 2019
kind of issue can be decided at appropriate forum in appropriate lis after evaluating
the entire issue in details with thorough materials.
8. With the aforesaid observations, this writ appeal is partly allowed. No costs.
Consequently, connected miscellaneous petition is closed. In view of the aforesaid
order, it is needless to mention that the first respondent is entitled to get his retiral
benefits including pensionary benefits as if that he has retired without any demur on
his superannuation.
(R.S.K.,J..) (K.B.,J.)
10.08.2023
Index : Yes/No
Internet : Yes/No
KST
https://www.mhc.tn.gov.in/judis
W.A.No.1290 of 2019
R.SURESH KUMAR, J.
and
K.KUMARESH BABU, J.
KST
W.A.No. 1290 of 2019
10.08.2023
https://www.mhc.tn.gov.in/judis
