Madras High Court
T.Gladis Bagavathi Bai vs The State Of Tamil Nadu on 27 January, 2021
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
W.P.No.1618 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.01.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.1618 of 2021
(Heard through VC)
T.Gladis Bagavathi Bai .. Petitioner
-vs-
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
School Education Department,
Secretariat,
Chennai – 600 009.
2.The District Educational Officer,
No.5, Riverside Street,
Kamaraj Nagar, Avadi,
Chennai – 600 071.
3.Panchayat Union Middle School,
Rep. by its Head Master,
Sembedu,
Tiruvallur – 601 103. .. Respondents
Prayer: Petition filed under Article 226 of Constitution of India to issue
a Writ of Certiorarified Mandamus calling for the records relating to the
impugned order bearing Na.Ka.No.1074/A1/2020 dated 01.12.2020
passed by the 2nd respondent herein and quash the same and direct the
2nd respondent to revise and re-fix the scale of pay received by the
petitioner with effect from 24.07.2009 and pay the salary arrears and
other consequential monetary and service benefits.
For Petitioner : Mr.Akshai Sajin Kumar
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W.P.No.1618 of 2021
For Respondents : Mr.P.Raja
Government Advocate
ORDER
The writ petition has been filed challenging the order passed by the second respondent bearing Na.Ka.No.1074/A1/2020 dated 01.12.2020 and consequently direct the second respondent to revise and re-fix the scale of pay received by the petitioner with effect from 24.07.2009 and pay the salary arrears and other consequential monetary and service benefits.
2. Mr.P.Raja, learned Government Advocate takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
3. It is an admitted case that while the petitioner was working at St.Joseph's Primary School, Tambaram, she got an employment through the Employment Office in the third respondent school. Hence, she was relieved from St.Joseph's Primary School, Tambaram and transferred to the third respondent-school with effect from 23.07.2009. She joined the third respondent-School on 24.07.2009. Since the petitioner has adopted to join the Government School, she got herself 2/4 https://www.mhc.tn.gov.in/judis/ W.P.No.1618 of 2021 relieved from the school on her own pursuant to the participation in the selection process and after selection by the Teacher's Recruitment Board.
4. The proceedings of the District Elementary Education Officer, Kancheepuram dated 14.12.2009 would make it very clear that the petitioner has voluntarily left the service. The petitioner also relied upon the judgment of this Court in W.P.No.14525 of 2011 (S.Arulmani vs. The Government of Tamil Nadu and 3 others), wherein, a teacher was transferred from one aided school to another aided school and pay protection was not granted to the teacher and the Court held that pay protection shall have to be granted. The Court also observed in that case that the teachers working in an aided school was in a better position than the teachers, who are working in the private management. Even though in the present case, the petitioner was employed in the aided school, she got herself relieved on his own volition, participated in the selection process afresh and thereafter appointed as teacher. I would have accepted the contention of the petitioner, if there was a transfer and entire past services have been ignored and pay protection was not granted. It is not so in the present case on hand. The petitioner after getting herself relieved by 3/4 https://www.mhc.tn.gov.in/judis/ W.P.No.1618 of 2021 S.VAIDYANATHAN, J.
rsi resignation, joined new school and the question of transfer from one institution to another institution, more so, from an aided school to the Government school does not apply.
5. Hence, I find no merits in the writ petition and the same is dismissed. No costs.
27.01.2021
Index : Yes/no
Speaking order : Yes/No
rsi
To
1.The Secretary to Government,
School Education Department,
Secretariat,
Chennai – 600 009.
2.The District Educational Officer,
No.5, Riverside Street,
Kamaraj Nagar, Avadi,
Chennai – 600 071.
3.Panchayat Union Middle School,
Rep. by its Head Master,
Sembedu,
Tiruvallur – 601 103.
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W.P.No.1618 of 2021
W.P.No.1618 of 2021
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