The Secretary To Government vs S.Manimuthu Samuel
2023 Latest Caselaw 12735 Mad

    2023/MHC/4451




                                                                        W.A.(MD)No.1436 of 2014


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 19.09.2023

                                                   CORAM:

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    AND
                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                            W.A.(MD)No.1436 of 2014
                                                     and
                                             M.P.(MD)No.1 of 2014

                     1.The Secretary to Government,
                       School Education Department,
                       State of Tamil Nadu,
                       Fort St.George,
                       Chennai-9.

                     2.The Accountant General (A & E),
                       Chennai.

                     3.The Director,
                       Directorate of Elementary Education,
                       College Road,
                       Channai-6.

                     4.The Additional Assistant Elementary Education Officer,
                       Radhapuram,
                       Tirunelveli District.                                  ...Appellants


                                                      /Vs./



                     1/5



https://www.mhc.tn.gov.in/judis
                                                                             W.A.(MD)No.1436 of 2014




                     1.S.Manimuthu Samuel

                     2.The Manager,
                       TDTA Primary /Middle Schools,
                       CSI Tirunelveli Diocese,
                       Palayamkottai,
                       Tiruenelveli District.                             ...Respondents

                     PRAYER:- Writ Appeal - filed under Clause XV of Letters Patent Act, to
                     set aside the order dated 22.08.2014 in W.P.(MD)No.11190 of 2009.


                                  For Appellant       : Mr.V.Om Prakash
                                                        Government Advocate
                                  For R1              : Mr.T.A.Ebenezer
                                  For R2              : No Appearance


                                                     JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.)

The State is the appellant is this writ appeal and challenges an

order passed by the Writ Court on 22.08.2014. The writ petition had

been filed challenging an order passed by the Additional Assistant

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1436 of 2014

Elementary Educational Officer, Tirunelveli District on 10.09.2009.

Interalia, a consequential direction was sought to the fourth respondent in

the writ petition to forward a proposal to the Accountant General (A&E)

seeking pay over of the eligible retirement benefits.

2. The issue is related to applicability of G.O.Ms.No.202,

School Education (G2) Department, dated 24.09.2008 to the writ

petitioner. The writ petitioner was working as Headmaster of a school

under Corporate Management in Tirunelveli District and had

superannuated on 31.10.2006. The writ petition had been allowed

following a decision of the Writ Court in WP(MD)No.23975 to 23980 of

2012 dated 04.09.2012.

3. It is brought to our notice that that order had been reversed

by a Division Bench in W.A.(MD)No.74 of 2014 holding that

G.O.Ms.No.202, School Education (G2) Department, dated 24.09.2008

would be inapplicable to any school barring Panchayat Union Schools.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1436 of 2014

4. Infact, there is a categoric observation of the Division

Bench at paragraphs 2 and 6 to the effect that G.O.Ms.No.202, School

Education (G2) Department, dated 24.09.2008 is not applicable to

Government Aided Minority Schools.

5. That order had attained finality and hence, the prayer of the

writ petitioner ought not to have been allowed. In light of the same, the

order of the writ Court is reversed and this Writ Appeal is allowed. No

costs. Consequently, connected Miscellaneous Petition is closed.

                                                                [A.S.M.J.,] & [R.V.J.,]
                                                                      19.09.2023
                     NCC      :Yes/No
                     Index    :Yes/No
                     Internet :Yes
                     sm

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1436 of 2014

DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

sm

Order made in W.A.(MD)No.1436 of 2014

Dated:

19.09.2023

https://www.mhc.tn.gov.in/judis