Madras High Court
The Chief Educational Officer vs M.Somu on 4 March, 2025
Author: S.Srimathy
Bench: J. Nisha Banu, S.Srimathy
W.A.(MD)Nos.424 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.424 of 2025
and
C.M.P.(MD).No.3267 of 2025
The Chief Educational Officer,
Madurai ... Appellant
-- Vs--
M.Somu ... Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the order
of this Court in W.P.(MD)No.14687 of 2018, dated 19.08.2024.
For Appellant :Mr.J.Ashok
Additional Government Pleader
For Respondent :Mr.V.Panneer Selvam
******
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
This Writ Appeal is filed by the Chief Educational Officer
challenging the order dated 19.08.2024 passed in W.P.(MD)No.14687 of 2018.
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2. The Writ Petition was filed for issuance of a Writ of Certiorarified
Mandamus, to quash the order dated 16.08.2017 in Na.Ka.7264/A3/2016 passed
by the respondent and to grant the special grade in the cadre of Secondary Grade
Teacher with effect from 26.04.2010 with all consequential benefits.
3. The briefs facts as stated by the writ petitioner is that he was
working in Private Aided School as Secondary Grade Teacher and was awarded
selection grade. Thereafter, the petitioner joined the Government Higher
Secondary School, Kottampatti as Secondary Grade Teacher on 28.02.2001. The
petitioner is entitled to special grade but the respondent has taken the service of
the government school alone and declined to grant special grade. Further, the
respondent submitted that the petitioner had resigned from private aided school
and there is no prior permission and hence on resignation, the principle of
forfeiture of service is applicable. Hence the respondent submitted that the
petitioner cannot claim to take past service rendered in the private school for
granting special grade pay. Aggrieved over the same, the writ petition was filed.
4. After considering the rival claims, the Writ Court has quashed the
impugned order and directed the respondents to grant special grade in the post of
secondary grade teacher with the effect from 26.02.2010 with all consequential
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benefits. Aggrieved over the same, the present writ appeal is preferred by the
Education Department.
5. The contention of the appellant is that admittedly, the writ
petitioner was serving in private aided school. After resignation, the petitioner
has joined the government school. On resignation, the service rendered in private
aided school ought to be forfeited. The said contention cannot be accepted. Of
course, the rules states that on resignation, the employee ought to forfeit the past
service. But under proviso it states, if the employee obtained prior permission to
join the new service, there will be continuity of service and the principle of
forfeiture will not be applicable. In the present case the petitioner has submitted
resignation in the earlier private school and sought permission to resign in order
to join the government service. Once the employee discloses the reasons for
resignation as to join another service, then the earlier employer is bound to grant
permission. In other words, the employer is not having any power to decline
permission once the employee discloses to resign in order to join another service.
Therefore, once the employee discloses the reason for resignation as to join
another service, then the proviso to rule would come into effect and the forfeiture
of past service is not applicable.
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6. In the present case, the writ petitioner had submitted resignation
and had disclosed the reason to join the government service. In such
circumstances, the proviso would protect the past service and hence the petitioner
is entitled to continuity of service and the principle of forfeiture will not be
applicable and the petitioner's case would fall under the proviso clause.
7. The next contention of the appellant is that the writ petitioner is
not entitled to claim special grade from 2010 onwards. Since the petitioner has
joined the government service in the year 2001, the petitioner is entitled to
selection grade in the year 2011, thereafter, the petitioner is entitled to special
grade from 2021.
8. The said contention cannot be accepted. This Court has already
held that the service rendered in the private aided school ought to be included
while calculating the 10 years of service to grant selection grade and special
grade. The petitioner has joined the private aided school on 26.04.1990, then the
petitioner is entitled to selection grade on completion of ten years on 26.04.2000.
The petitioner was already granted the selection grade while working in the
private aided school itself. Thereafter, he joined the government service on
08.03.2001. Since the petitioner has put in 10 years service in private aided
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school, the accrued right to claim selection grade cannot be taken away.
Therefore, the continuity of service ought to be granted. The petitioner had
completed 20 years on 26.04.2010. Therefore, the petitioner is entitled to special
grade from 26.04.2010, in the cadre of secondary grade teacher. Therefore, the
accrued benefits ought to be granted to the petitioners. However, the petitioner is
not entitled to any interest for the belated benefits. Further, it is clarified that the
petitioner is entitled to special grade to the scale of pay fixed by the government
service alone.
9. With the above said directions, the writ appeal is disposed of. No
Costs. Consequently, connected miscellaneous petition is closed.
[J.N.B., J.] [S.S.Y., J.]
04.03.2025
Index : Yes / No
Tmg
To:
The Chief Educational Officer,
Madurai
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
Tmg
04.03.2025
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