Madras High Court
State Of Tamil Nadu vs S.Ramalingam on 28 July, 2021
Author: Pushpa Sathyanarayana
Bench: Pushpa Sathyanarayana, Krishnan Ramasamy
W.A.No.948 of 2021 and
C.M.P. No.5691 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2021
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE Mr.JUSTICE KRISHNAN RAMASAMY
W.A.No.948 of 2021 and C.M.P. No.5691 of 2021
1.State of Tamil Nadu
rep. by its Secretary to Government
School Education Department
Secretariat, Chennai - 600 009
2.Director of School Education
Chennai - 6
3.District Educational Officer
Perambalur, Perambalur District ... Appellants
Vs.
1.S.Ramalingam
2.Correspondent
Thanthai Hans Roever
Higher Secondary School
Perambalur, Perambalur District ...Respondents
***
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 23.02.2017 passed in W.P. No.17294 of
2003.
***
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W.A.No.948 of 2021 and
C.M.P. No.5691 of 2021
For Appellants : Mr.R.Neelakandan
State Government Counsel
Fore Respondents : Mr.B.Balavijayan for R1
Mr.P.Ganesh for
C.S.Associates for R2
JUDGMENT
(Authored by PUSHPA SATHYANARAYANA, J.) Challenge in this writ appeal is to the order of the writ court dated 23.02.2017 passed in W.P. No.17294 of 2003.
2. The said writ petition was filed for a Writ of Certiorarified Mandamus to call for the records pertaining to the orders passed by the Secretary to Government, School Education Department insofar as para 3(vii) of G.O. Ms. No.155 School Education (D2) Department, dated 03.10.2002 and the consequential order passed by the Director of School Education in his proceedings Na. Ka. No.87909/D3(4)/02 dated 26.05.2003 insofar as the writ petitioner is concerned and the consequential proceedings of the District Educational Officer, Perambalur in Na.Ka. No.1692/Aa4/2003 dated 17.06.2003.
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3. After hearing both the parties, the writ court had allowed the writ petition, based on the judgment of a previous Division Bench of this court in The State of Tamil Nadu and others vs. Pallivasal Primary School represented by its Correspondent, Mudukulathur reported in 2004-2-L.W.591. In the said judgment, the Division Bench, while upholding the validity of the said Government Order, granted relief to the teachers, who were appointed in secondary grade vacancies and drew the salaries, restrained the department from effecting any recovery. Accordingly, paragraph Nos.3 and 7 of G.O. Ms. No.155 School Education (D2) Department, dated 03.10.2002 alone were set aside and rest of the Government Order was upheld in the said decision.
4. It has subsequently ordered that any approval/confirmation of appointment can be only after completion of the Child Psychology Training. The writ petitioner herein also had completed one month Child Psychology Training. As paragraph 3(vii) of G.O. Ms. No.155 was already set aside, no recovery can be made from the petitioner to whom the Government had released the grant and paid salaries. The writ court also had granted relief only to the extent of no recovery. As no other relief http://www.judis.nic.in_______ Page 3/5 W.A.No.948 of 2021 and C.M.P. No.5691 of 2021 has been granted, the Government cannot have any grievance and the appeal need not have been filed by the Government.
5. In view of the above, the appeal filed by the Government is dismissed. However, there is no order as to costs. Consequently, the connected civil miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
28.07.2021
Index : Yes / No
Internet : Yes / No
Asr
To
1.State of Tamil Nadu
rep. by its Secretary to Government School Education Department Secretariat, Chennai - 600 009
2.Director of School Education Chennai - 6
3.District Educational Officer Perambalur, Perambalur District http://www.judis.nic.in_______ Page 4/5 W.A.No.948 of 2021 and C.M.P. No.5691 of 2021 PUSHPA SATHYANARAYANA, J.
AND KRISHNAN RAMASAMY, J.
Asr W.A.No.948 of 2021 and C.M.P. No.5691 of 2021 Date : 28.07.2021 http://www.judis.nic.in_______ Page 5/5