Madras High Court
The Joint Director Of Elementary School ... vs R.Yuvaraj on 4 June, 2024
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
W.A.(MD)No.815 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.(MD)No.815 of 2024
and
C.M.P.(MD)No.6059 of 2024
1.The Joint Director of Elementary School Education,
(Private School), Chennai.
2.The District Educational Officer,
Periyakulam, Theni District.
3.The District Educational Officer,
Virudhunagar District.
4.The Block Educational Officer,
Periyakulam, Theni District. : Appellants
Vs.
1.R.Yuvaraj
2.The Manager of School,
Diocese of Madurai – Ramanathapuram,
Church of South India, Diocese Office,
162, East Veli Street, Madurai.
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W.A.(MD)No.815 of 2024
3.The Correspondent,
U.C. Primary School,
Thenkarai,
Periyakulam, Theni District.
4.The Correspondent,
CSI Primary School, Gopalapuram,
Aruppukkottai,
Virudhunagar District. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent,
praying to set aside the order passed by this Court in W.P.(MD)
No.10288 of 2023 dated 18.12.2023 and allow the Writ Appeal.
For Appellants : Mr.D.Sadiq Raja
Additional Government Pleader
For Respondent No.1 : Mr.K.Vinoharan
JUDGMENT
**************
[Judgment of the Court was delivered by R.SURESH KUMAR, J.]
This appeal has been directed against the order dated
18.12.2023 made in W.P.(MD) No.10288 of 2023.
2.The first respondent / writ petitioner was appointed as a
Secondary Grade Teacher in the respondent school management on
13.01.2009. His appointment was also approved by the official
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authorities. Thereafter, he was transferred to the third respondent
school who stood as the sixth respondent in the writ petition by
order dated 11.04.2022. The said transfer also has been approved
by the authorities. Accordingly, the teacher was working in the
school ie., third respondent school.
3.Thereafter, for some reasons, the authorities cancelled
the approval given for such transfer in the third respondent school
by order dated 20.07.2022, which triggered the Management to
transfer the teacher with post to the needy school ie., fourth
respondent school, subsequently, by order dated 06.10.2022. The
said order of transfer dated 06.10.2022 also has not been approved
and a rejection order to that effect has been passed on 02.03.2023,
which was challenged by the teacher before the Writ Court.
4.The learned Judge, hearing both sides disposed of the
said writ petition by the impugned order dated 18.12.2023, where
the learned Judge having gone through the reasons had concluded
that the writ petition has to be allowed. Accordingly, he allowed the
said writ petition.
5.Aggrieved over the said order, the present writ appeal
has been directed at the instance of the Education Department who
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are the appellants herein.
6.Heard the learned Counsel appearing for the parties.
7.It is the admitted fact that on 11.04.2022, transfer had
been given to the teacher to the third respondent school, which
was approved by the subsequent order of the education department
ie., authorities concerned who are the appellants herein.
Therefore, there had been no impediment for the teacher to work
in the transferred school, until an order which had been passed by
the authorities cancelling the approval by order dated 20.07.2022.
Since such cancellation order was passed on 20.07.2022,
subsequently, the management had no other option except to
transfer the teacher to a needy school and that is how he had been
transferred on 06.10.2022 to the fourth respondent school, where
there has been a need and that is also an admitted fact.
8.In this context, learned Judge had opined that the
cancellation order made on 20.07.2022, necessitated the
management to transfer the teacher to the needy school, which
took place. Therefore, the subsequent transfer should have also
been approved and during the time between 11.04.2022 and
06.10.2022, since the teacher has been pressed into service, he is
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entitled to get the salary and accordingly, the learned Single Judge
allowed the said writ petition.
9.In this context, learned Additional Government Pleader
pointed out that when a cancellation order was passed on
20.07.2022, the teacher ought not to have been permitted to
continue beyond 20.07.2022. Such a transfer in a needy school has
been done by the Management by order dated 06.10.2022.
Therefore, retaining the teacher from 20.07.2022 to 06.10.2022 is
without an approval of the Education Department and therefore,
for the said period, the teacher is not entitled to get salary.
10.The said statement made by the learned Additional
Government Pleader is appealing to us, the reason being that, after
the cancellation order dated 20.07.2022, neither the teacher nor
the institution had come forward to challenge the order in the
manner known to law. Therefore, having accepted the order dated
20.07.2022, the minimum remedial action could have been taken
by the institution to transfer the teacher to the needy school.
However, such action had been belatedly taken by passing the
order only on 06.10.2022. Therefore, such delay caused cannot be
placed on the shoulders of the Education Department by asking
salary for the period from 20.07.2022 to 06.10.2022. However, for
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the period from 11.04.2022 till 20.07.2022, the teacher, no doubt is
entitled to get salary.
11.In view of the aforesaid view, we feel that this writ
appeal can be disposed of, by modifying the order passed to the
following effect:
“that the teacher concerned is entitled to
get salary for the period between 11.04.2022 to
20.7.2022. However, it is made clear that he is not
entitled to get salary for the period from 21.07.2022
till 05.10.2022. From 06.10.2022, the teacher is
eligible to get salary and continue to get salary, for
which if any approval order is required for such
transfer, such approval to be given by the appellant
authorities immediately. It is open to the teacher to
claim salary benefit from the Management.
However, to that extent we have not expressed any
opinion on the merits of such claim to be made by
the teacher.”
12.To that extent, the order passed by the learned Single
Judge in W.P.(MD)No.10288 of 2023 dated 18.12.2023 is modified.
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13.With the above modification, this Writ Appeal is
disposed of. There shall be no order as to costs. Consequently, the
connected miscellaneous petition is closed.
[R.S.K.,J.] & [G.A.M.,J.]
04.06.2024
Neutral Citation : Yes/No
Index : Yes/No
Internet : Yes/No
MR
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To
1.The Joint Director of Elementary School Education,
(Private School), Chennai.
2.The District Educational Officer,
Periyakulam, Theni District.
3.The District Educational Officer,
Virudhunagar District.
4.The Block Educational Officer,
Periyakulam, Theni District.
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R.SURESH KUMAR, J.
and
G.ARUL MURUGAN, J.
MR
ORDER MADE IN
04.06.2024
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