Madras High Court
S.P.Ruban vs The State Of Tamil Nadu on 10 September, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.6652 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.09.2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.6652 of 2019
and
W.M.P.(MD).Nos.5313 & 5314 of 2019
S.P.Ruban ...Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Principal Secretary to Government,
School Education Department,
Secretariat, Fort St.George,
Chennai 600 009.
2.The Director of School Education,
DPI Campus,
College Road,
Chennai - 600 006.
3.The District Elementary Educational Officer
(Presently as District Educational Officer),
Valliyoor, Tirunelveli District.
4.The Assistant Elementary Educational Officer,
(Presently as Block Educational Officer),
Valliyoor Range, Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records relating to
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.6652 of 2019
the impugned proceedings issued by the third Respondent in Na.ka.No.1933/
A1/ 2016, dated 30.06.2016 and the subsequent order issued by the fourth
respondent in Na.Ka.No.1408/A1/2017, dated 29.08.2017 and to quash the
same and consequently directing the respondents to make payment of salary to
the Petitioner from May 2016 in the post of Primary School Headmaster along
with interest.
For Petitioner : Mr.F.Deepak
For Respondents : Mr.T.Amjad Khan,
Government Advocate
ORDER
This Writ Petition has been filed challenging the impugned recovery
order, dated 30.06.2016, passed by the third respondent and the subsequent
order, dated 29.08.2017, passed by the fourth respondent, calling upon the
petitioner to pay a sum of Rs.16,97,666/- (Rupees Sixteen Lakhs Ninety Seven
Thousand Six Hundred and Sixty Six only) for the alleged excess payment made
to him, while he was in service from 01.04.1998 to 31.12.2015.
2. The petitioner has challenged the impugned order on the ground of
violation of principles of natural justice. According to the petitioner, without
issuing any show cause notice to him, the impugned order had been passed.
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3. Learned Government Advocate appearing for the respondents has
placed on record the judgment of the Hon'ble Supreme Court, dated 24.03.2023
rendered in Civil Appeal No.1951 / 2023 in the case of the State of Tamil Nadu
and others Vs., Nehru Middle School and another and he would submit that
the Hon'ble Supreme Court has made it clear that when the person is not having
requisite teaching experience for five years for the post of Primary School
Headmaster, the refusal to approve the appointment is correct. However, as
seen from the impugned order, no reasons have been given and it is a non
speaking order. The contentions as raised by the learned Government Advocate
appearing for the respondents before this Court, viz., that the petitioner did not
have requisite teaching experience has not been disclosed in the impugned
order. Admittedly, no show cause notice was issued to the petitioner calling
upon him to submit an explanation with regard to the alleged excess payment
made by the respondents. In the impugned order, a huge sum of Rs.16,97,666/-
(Rupees Sixteen Lakhs Ninety Seven Thousand Six Hundred and Sixty Six
only) is attempted to be recovered from the petitioner on account of the alleged
excess payment made by the respondents to the petitioner.
4. On the ground of violation of principles of natural justice and on
account of the fact that the impugned order is a non-speaking order, the same
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will have to be quashed and the matter will have to be remanded back to the
respondents for fresh consideration on merits and in accordance with law within
a time frame to be fixed by this Court. However, the respondents will have to
issue a show cause notice to the petitioner calling upon him to submit his
explanation with regard to the proposed recovery of a sum of Rs.16,97,666/-
(Rupees Sixteen Lakhs Ninety Seven Thousand Six Hundred and Sixty Six
only) from the petitioner for the alleged excess payment made to him and
sufficient opportunity ought to have been granted to the petitioner to submit his
explanation and only thereafter, after giving due consideration to the
explanation submitted by the petitioner, final orders can be passed by the
respondents with regard to the alleged recovery of Rs.16,97,666/- (Rupees
Sixteen Lakhs Ninety Seven Thousand Six Hundred and Sixty Six only) from
the petitioner.
5. In the result, the impugned order, dated 30.06.2017, passed by the third
respondent and the subsequent order, dated 29.08.2017, passed by the fourth
respondent are hereby quashed and the matter is remanded back to the third
respondent for fresh consideration. The third respondent shall issue show cause
notice to the petitioner with regard to the claim of Rs.16,97,666/- (Rupees
Sixteen Lakhs Ninety Seven Thousand Six Hundred and Sixty Six only) and on
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receipt of the said show cause notice, the petitioner shall submit a reply within a
period of two weeks to the respondents stating his objections with regard to the
claim and on receipt of the said explanation within the stipulated time as
directed by this Court, the respondents after giving due consideration to the said
explanation, shall pass final orders on merits and in accordance with law, within
a period of twelve weeks from the date of receipt of the explanation from the
petitioner.
6. With the aforesaid direction, the Writ Petition is disposed of. No costs.
Consequently, the connected miscellaneous petitions are closed.
10.09.2024
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Index:yes/no
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TSG
To
1.The Principal Secretary to Government,
State of Tamil Nadu,
School Education Department,
Secretariat, Fort St.George,
Chennai 600 009.
2.The Director of School Education,
DPI Campus,
College Road,
Chennai - 600 006.
https://www.mhc.tn.gov.in/judis
3.The District Elementary Educational Officer
(Presently as District Educational Officer),
Valliyoor, Tirunelveli District.
4.The Assistant Elementary Educational Officer,
(Presently as Block Educational Officer),
Valliyoor Range, Tirunelveli District.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
TSG
10.09.2024
https://www.mhc.tn.gov.in/judis
