Madras High Court
The Chief Educational Officer vs S.Suresh Kumar on 3 January, 2024
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
Writ Appeal No.932 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 03.01.2024
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU
Writ Appeal No.932 of 2019
and C.M.P.No.7001 of 2019
1. The Chief Educational Officer,
Karur District, Karur.
2. The District Educational Officer,
Karur District, Karur.
3. The District Elementary Educational Officer,
Kulithalai, Karur District, Karur.
4. The State of Tamil Nadu,
Rep. By its Secretary,
Educational Department,
Fort. St. George, Chennai – 600 009. ... Appellants
Vs
1. S.Suresh Kumar,
2. The District Collector, Karur.
3. The District Employment Officer,
Karur District, Karur. .. Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set
aside the order dated 07.06.2018 made in W.P.No.18013 of 2012.
https://www.mhc.tn.gov.in/judis
Page No.1/10
Writ Appeal No.932 of 2019
For Appellants : Mr.K.V.Sajeev Kumar
Special Government Pleader
For Respondents : Ms.Y.Kavitha,
for M/s.Giridhar & Sai [R1]
: Mr.K.Suresh,
Government Advocate [R2 & R3]
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR,J.)
This Writ Appeal has been directed against the order passed by the
Writ Court dated 07.06.2018 made in W.P.No.18013 of 2012.
2. That the first respondent/writ petitioner was the resident of
Sathankulam Taluk, Tuticorin District from where he migrated to Karur
and settled at Karur District. The Tahsildar, Karur also issued a
residential certificate to the effect that the writ petitioner/first respondent
is residing at Karur from 29.01.2000 onwards.
3. He has registered his name in the Employment Exchange at
Karur and the employment enrolment number was also allotted at Karur
as 4112/1999.
https://www.mhc.tn.gov.in/judis
4. Based on the said employment exchange seniority, his name
should have been sponsored by the Employment Exchange while
selection process went on to the appointment of Secondary Grade
Teacher at Karur District for the year 2000-2001.
5. However, on 17.09.2001 a notice was issued by the District
Collector to the writ petitioner that an enquiry regarding registration of
employment in Karur was contemplated. For the said show cause notice
though reply was given by the writ petitioner, not satisfied with the said
reply/explanation offered by the writ petitioner, the District Collector
passed an order on 24.12.2001 cancelling the registration of the writ
petitioner along with 180 other persons, who were similarly placed
persons in Karur Employment Exchange.
6. The order passed by the District Collector dated 24.12.2001
cancelling the en masse registration of the petitioner and similarly placed
persons in the employment exchange was under challenge in a writ
petition in W.P.No.9 of 2002 by one R.Balagangatharan, who is also
similarly placed person like the writ petitioner. In the said writ petition,
an interim order of stay was granted, therefore in fact the candidature
https://www.mhc.tn.gov.in/judis
registered at the Karur employment exchange can be taken into account
for the purpose of appointment as Secondary Grade Teacher for the year
2000-2001. Despite that, such a gesture has not been given and the
candidature of the petitioner has not been taken into account for the
purpose of appointment to the post of Secondary Grade Teacher.
Thereafter, the petitioner had given a representation on 11.11.2002 to the
District Collector regarding the bonafide residence of him in Karur
District. Thereafter, the petitioner was directed to produce the migration
certificate before the Karur employment exchange in order to establish
that the petitioner is having a genuine residence at Karur District. On
29.11.2002, such a migration certificate issued by the Tahsildar,
Santhankulam was produced, thereafter on 30.04.2003, a migration
certificate was also issued by the Tahsildar, Karur stating that the
petitioner and his family members migrated to Karur District, where they
have been permanently residing.
7. Subsequently, on 29.10.2002, the very writ petition i.e.,
W.P.No.9 of 2022 was disposed by a learned Judge of this Court, where
the following orders were passed:
“Heard the learned counsel for the parties. In the
writ petition a prayer has been made for quashing the
https://www.mhc.tn.gov.in/judis
impugned order cancelling the residence certificate issued
to the petitioner. It appears that subsequently such order of
cancellation had been cancelled, as, on verification it was
found that the petitioner was resident of the said District. It
appears that due to the earlier action of the Collector,
names of the candidate could not be sponsored in time as
the matters remained pending in this Court for sometime.
2. In such view of the matter, the candidature of the
petitioner is to be considered. The question of age bar of
the candidate should be considered with reference to
27.12.2000. Since the registration in the employment is to
expire on 31.10.2002, such registration should be renewed
by the appropriate authority, if an application to that effect
is filed by the petitioner within two weeks from the date of
the receipt of the order.
The writ petition is ordered accordingly. No costs.
Connected WPMPS are also closed.”
8. In view of the said order having been passed by this Court in the
said writ petition i.e., in W.P.No.9 of 2002, it was a fond hope of the
petitioner and similarly placed persons to get such consideration of
appointment to the post of Secondary Grade Teacher, however, the
appellants had not come forward to consider the candidature of the
petitioner. Thereafter, only in the year 2004 i.e., on 28.09.2004 an order
of appointment has been given by the appellant Education Department to
https://www.mhc.tn.gov.in/judis
the writ petitioner/first respondent as Junior Secondary Grade Teacher on
consolidate pay, thereafter his services have been regularized with effect
from 01.06.2006 with time scale of pay. However, the writ petitioner
sought for such a selection and appointment to the post of Secondary
Grade Teacher on regular basis from 03.01.2002, the date on which his
immediate junior based on the employment exchange seniority at Karur
District viz., one Sheik Alludin was appointed. Since that plea raised by
the writ petitioner by way of representation was not considered by the
appellants' Department, the first respondent/writ petitioner was before
this Court by filing a writ petition No.18013 of 2012. The said writ
petition was ordered by this Writ Court on 07.06.2018, which is
impugned in this appeal.
9. Heard Mr.K.V.Sajeev Kumar, learned Special Government
Pleader appearing for the appellants and Ms.Y.Kavitha, learned counsel
appearing for the first respondent/writ petitioner.
10. On 28.09.2004, the appointment order was given by the
appellants' Department, which was justified by the learned Special
Government Pleader stating that based on the seniority at Karur District
https://www.mhc.tn.gov.in/judis
from the date the writ petitioner has become eligible to be considered as
candidate in the employment exchange at Karur District only the
appointment was given. Therefore, the claim made by the writ petitioner
for earlier appointment with effect from 03.01.2002 is not feasible for
compliance.
11. However, the fact remains that the Tahsildar, Sathankulam has
given a certification stating that the writ petitioner has migrated from
Tuticorin District to Karur District and accordingly, he has registered at
employment exchange in Karur, where the enrolment number was also
assigned as 4112/1999. The Thasildar, Karur District also had given a
migration certificate stating that the writ petitioner's family is
permanently migrated to Karur district and have settled.
12. An en masse cancellation of registration at the Karur District
employment exchange made by the District Collector, which was assailed
before this Court in the writ petition in W.P.No.9 of 2002, where initially
interim order of stay was granted, subsequently the writ petition was
ordered with a direction to the respondents therein, who are the appellant
Department herein to consider the candidature of the writ petitioner
therein for appointment to the post, for which he is entitled to based on
https://www.mhc.tn.gov.in/judis
the seniority of the employment exchange.
13. It is needless to mention that the said order passed by the Writ
Court in W.P.No.9 of 2002 mutatis mutandis to be made applicable to the
case of the writ petitioner as the employment exchange registration of the
writ petitioner also was cancelled in the common order of the en masse
cancellation made by the District Collector dated 24.12.2001.
14. Moreover, the appellants Department itself has come forward
to give such appointment to the writ petitioner on 28.09.2004, such
appointment would date back from the date on which the petitioner
become eligible to get such appointment based on the seniority, which
could be calculated from the date, where the immediate junior of the writ
petitioner in employment exchange seniority got such appointment viz.,
Sheik Alludin i.e., from 03.01.2002.
15. Therefore, from 03.01.2002 notionally the writ petitioner is
entitled to get such an appointment, however from the date of actual
appointment only he would be entitled to get the monetary benefits.
16. When that being the factual matrix of the case, the conclusion
https://www.mhc.tn.gov.in/judis
reached by the learned Judge in the impugned order cannot be found
fault with. Hence, we are inclined to sustain the order passed by the
learned Judge, which is impugned herein. Accordingly, the said order is
sustained.
17. Resultantly, this writ appeal fails, hence it is liable to be
dismissed, accordingly, it is dismissed. No costs. Connected
miscellaneous petition is closed.
18. The order passed by the learned Judge has to be complied with
by the appellants' Department within a period of two months from the
date of receipt of a copy of this order, if not already complied with.
(R.S.K.,J.) (K.B., J.)
03.01.2024
Index: Yes/No
Speaking Order/Non Speaking Order
Neutral Citation:Yes/No
mp
https://www.mhc.tn.gov.in/judis
R.SURESH KUMAR., J.
and
K.KUMARESH BABU.,J.
mp
To
1. The District Collector, Karur.
2. The District Employment Officer,
Karur District, Karur.
03.01.2024
https://www.mhc.tn.gov.in/judis
