Madras High Court
Justin Raj vs The Principal Secretary on 7 February, 2025
2025:MHC:405
W.P.(MD)No.2183 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 07.02.2025
CORAM
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P.(MD)No.2183 of 2019
and
W.M.P.(MD)No.1747 of 2019
Justin Raj ... Petitioner
Vs.
1.The Principal Secretary,
School Education Department,
Secretariat, Fort St.George, Chennai.
2.The Director of School Education,
College Road, Chennai.
3.The Chief Educational Officer,
Kanyakumari District,
at Nagercoil.
4.The District Educational Officer,
Thucklay Education District,
Thucklay, Kanyakumari District.
5.The Correspondent,
St.Peter's R.C.Higher Secondary School,
Chekkal, Thirparappu (Post),
Kanyakumari District. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus calling for the records
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1/12
W.P.(MD)No.2183 of 2019
pertaining to the impugned order in Na.Ka.No.3439m1/2018 dated
28.08.2018 passed by the fourth respondent and quash the same and
consequently direct the respondents to approve the petitioner's
appointment and disburse the salary and other monetary and terminal
benefits in the light of the judgment in W.P.No.415, 436 of 1989 dated
24.03.2008 and G.O.Ms.No.40 dated 04.03.2014 School Education
Department within the time stipulated by this Court.
For Petitioner : Mr.M.R.Sreenivasan
For R1 to R4 : Mr.G.V.Vairam Santhosh,
Additional Government Pleader.
For R5 : Mr.K.Ragatheesh Kumar,
for M/s.Isaac Chamber.
ORDER
This writ petition has been filed to quash the impugned order in
Na.Ka.No.3439m1/2018 dated 28.08.2018 passed by the fourth
respondent and quash the same and consequently direct the respondents
to approve the petitioner's appointment and disburse the salary and other
monetary and terminal benefits in the light of the judgment in W.P.No.
415, 436 of 1989 dated 24.03.2008 and G.O.Ms.No.40 dated 04.03.2014
School Education Department within a time frame.
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2.It is stated in the affidavit that the petitioner was appointed as
Craft Teacher (Agriculture) in the fifth respondent School on 18.01.1988.
He attained superannuation on 31.05.2010. The fifth respondent School
is a Christian Minority Institution and which has been getting aid from
the Government and the aid was given till 01.11.1987. Thereafter, the
aid was stopped by the Government. Hence, several writ petitions were
filed by the Management of the Minority Institutions before the Madras
High Court and the fifth respondent has also filed W.P.No.425, 436 of
1989, which were allowed. The Government has taken the matter upto
Hon'ble Supreme Court and the Hon'ble Supreme Court has affirmed the
judgment of this Court and directed the State Government to disburse the
salary to the employees of the Minority Institutions. The respondents 1
to 4 have not approved the appointment of the petitioner. The first
respondent has passed a Government Order in G.O.(Ms.)No.271 dated
22.02.1990 and the sanction has accorded for the creation of certain
temporary posts for the period upto 01.11.1989. The petitioner sent a
representation dated 14.08.2014 to the respondents requesting to approve
his appointment and disburse the arrears of salary and other benefits.
The respondent did not consider the said representation and hence, the
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petitioner preferred a writ petition in W.P.(MD)No.16779 of 2014 before
this Court, which was allowed on 28.03.2018 with a direction to the
fourth respondent to consider the petitioner's representation. Thereafter,
the fourth respondent without considering the service records of the
petitioner, passed the impugned order dated 28.08.2018 rejecting his
claim. Hence, the present writ petition.
3.The learned counsel appearing on behalf of the petitioner would
submit that already G.O.(Ms)No.271 dated 22.02.1990 has been issued
on the basis of the order passed by this Court in WMP.No.602 of 1989 in
WP.(MD)No.415 & 436 of 1989 for creation of posts in the fifth
respondent School. He would further submit that similarly placed
persons' who were appointed in the fifth respondent school,
appointments were approved and the fourth respondent did not furnish
the documents referred in the order impugned. The petitioner has served
22 years without any salary and if the petitioner's service is not approved,
he will not get any pension benefits.
4.Per contra, the learned Special Government Pleader appearing on
behalf of the respondents 1 to 4 would submit that the sanction of the
post of Craft Instructor (Agriculture) expired on 01.11.1987 and there is
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no continuity. The petitioner did not work in a sanctioned post and
hence, the appointment of the petitioner in a non-sanctioned post is
illegal. The learned Special Government Pleader also drew the attention
of this Court to the counter affidavit filed by the fourth respondent,
particularly in paragraph No.7 of the counter affidavit.
5.It is seen from the records that the fifth respondent School has
come under the control of District Educational Officer, Thiruvattar, as
per G.O.Ms.No.101, School Education Department dated 18.05.2018.
The translated version of the impugned order dated 28.08.2018 is
extracted hereunder:-
TRANSLATED COPY OF IMPUNGED ORDERS
Proceeding of the Thuckclai District Edcation Officer
Na.Ka.No 3439 Al/2018- Dated 28.08.2018
Sub: Secondary School Education- Aid School-Case
The Action taken of the basis of the Order of the Hon'ble
Madurai Bench of Madras High Court in W.P.(MD)No.
16779 of 2014 Dated 28.03.2018 fled by Justin Raj Crapt
Teacher (Agriculture) of Peters R.C Higher Secondary
School, Sekkal, Thucklai Educational District, Kanyakumari
District.
Ref: 1.Govt. Order 991 (School Education
Department)Dated 16.07.1990
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2.Proceedings of the Director of School Education Chennai
TamilNadu Na.Ka.No. 115506/W26/2002 Dated 28.08.2003.
3.Government Order-9- School EducationDepartment Dated
06.01.2009.
4.Order in W.P.(MD)No.16779 of 2014 Dated 28.03.2018 on
the file of the Hon'ble Madurai Bench of Madras High
Court.
5.Proceeding of the Joint Director of School Education
Na.Ka.No.034235/D1/E3/2018 Dated 07.2018.
*******
Thiru. Justin Raj was appointed as Crapt Teacher
(Agriculture) at Peters R.C.Higher Secondary School,
Sekkal, Thucklai Educational Dist, Kanyakumari Dist by the
Correspondent of the School on 18.01.1988, thereafter his
appointment was not approved by the Thucklai District
Education Officer and attained Superannuation.
Under these Circumstance he obtained an order in
W.P.(MD)No.16779 of 2014 Dated 28.03.2018.
As per the Reference No-1 - Government Order,
Appointment of Vocational Instructor prior permission has
to be obtained from the Director of School Education.
As per Reference No-2 - Proceedings of the Director
of School Education the Post of Vocational Instructor is
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sanctioned for the individual & not sanctioned for the
School, hence on attainment of superannuation by the
Individual Teacher, that Post would be taken back.
Since, the prior permission is not obtained from the
Director of School Education before the appointment, the
petitioner is not entitled for any monetary benefits.
District Educational Officer
Thucklai (JC)
To:
Justin Raj, S/o. Motchakan,
Sekkal,
Thirparappu Post - 629 161.
Copy to:
Joint Director of (Secondary School). Education,
Chennai.
6.It is relevant to extract paragraph No.7 of the counter affidavit
filed by the fourth respondent as follows:-
7. It is submitted that the petitioner did not work in a
sanctioned post. The temporary sanction was upto
01-11-1987. There after there was no continuity sanction.
The appointment itself is irregular. It is submitted that the
final judgment in the Writ Petition 415 was issued on
24-03-2008. In para29 of the orders, it was specifically
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directed that the Educational Authorities to consider the
eligibility of concerned teacher to hold the post the
continued right of the institution to receive aid is to be
considered keeping view the relevant Government Orders
applicable from time to time. It is submitted that there was
no necessity to continue the post of Craft Instructor
(Agriculture) and hence no orders were issued to continue
the post beyond the period of temporary sanction. Hence the
appointment of the petitioner in non sanctioned post is
illegal. There is no merit in the prayer of the petitioner and
is not sustainable in law. The Writ Petition is not
maintainable in law and is liable to dismissed.
7.The learned counsel appearing for the petitioner drew attention
of this Court to the order passed by this Court in W.P.(MD)Nos.21334 to
21343 of 2018 dated 27.01.2022 and would submit that the said writ
petitions were filed to approve the appointment of the petitioners' service
as Headmaster of Middle School in St.Joseph's Middle School,
Ramanthurai, Kanyakumari District with all attendant service benefits in
terms of the orders of the Division Bench of this Court dated 24.03.2008
in W.A.Nos.1329 of 2000 etc., batch and this Court vide order dated
27.01.2022 directed the respondents to implement the order of the
Division Bench dated 24.03.2008, within a period of four weeks and the
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writ petitions were posted for reporting compliance. The authorities
concerned has not passed any orders till date in terms of the order of the
Division Bench of this Court dated 24.03.2008.
8.It is pertinent to mention that the petitioner sent a representation
dated 14.08.2014 to the respondents requesting to approve his
appointment and disburse the arrears of salary and other benefits as per
order passed by this Court in W.P.Nos.415, 436 of 1989 dated
24.03.2008. It is relevant to extract the paragraph Nos.14 and 15 of the
order passed by this Court in W.P.(MD)Nos.21334 to 21343 of 2018
dated 27.01.2022 as hereunder:-
14.Clearly, the State is in contempt of order of the
Division Bench dated 24.03.2008. When pointed out and in
order to avoid action in that regard, a final opportunity of
four weeks is granted as requested by learned Additional
Government Pleader, to comply with order of the Division
Bench dated 24.03.2008.
15.Mandamus as sought for is issued directing the
respondents to implement order of the Division Bench dated
24.03.2008 within a period of four(4) weeks from today.
This Writ Petition is disposed as above. No costs.
Consequently, connected miscellaneous petitions are closed.
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9.The facts of the present case is squarely applicable to the above
decision of this Court. Hence, the orders passed by the fourth respondent
dated 28.08.2018 is hereby quashed and the respondents are directed to
implement the order of the Division Bench in W.P.Nos.415 & 436 of
1989 dated 24.03.2008, within a period of eight weeks from the date of
receipt of a copy of this order.
10.In the result, this writ petition is allowed. No costs.
Consequently, connected miscellaneous petition is closed.
07.02.2025
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
gns
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To
1.The Principal Secretary,
School Education Department,
Secretariat, Fort St.George, Chennai.
2.The Director of School Education,
College Road, Chennai.
3.The Chief Educational Officer,
Kanyakumari District,
at Nagercoil.
4.The District Educational Officer,
Thucklay Education District,
Thucklay, Kanyakumari District.
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M.JOTHIRAMAN,J.
gns
07.02.2025
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