Madras High Court
J.Tamilrajan vs The Director Of School Education on 21 March, 2023
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.25353 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.03.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.25353 of 2022
and
W.M.P.(MD)No.19438 of 2022
J.Tamilrajan ... Petitioner
Vs.
1.The Director of School Education,
College Road,
Chennai 600006.
2.The Joint Director of School,
College Road,
Chennai 600 006.
3.The Chief Educational Officer,
Thoothukudi,
Thoothukudi District.
4.The District Educational Officer,
Thoothukudi,
Thoothukudi District.
5.The Secretary,
Karapettai Nadar Higher Secondary School,
Thoothukudi,
Thoothukudi District 628 001.
6.The Headmaster,
Karapettai Nadar Higher Secondary School,
Thoothukudi,
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W.P(MD)No.25353 of 2022
Thoothukudi District 628 001. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
impugned charge memo issued by the fifth respondent herein in his proceedings
dated 21.10.2022 and to quash the same as illegal and further directing the
respondents 3 & 4 herein to pass appropriate orders by accepting the petitioner
voluntary retirement from service of B.T.Assistant Selection Grade Teacher in
the 5th respondent School and release the petitioner's retirement benefits
including commuted value of pension, Gratuity, EPF, Surrender leave salary
and all other monetary benefits etc., within time stipulated by this Court.
For Petitioner : Mr.V.Meenakshisundaram
For Respondents : Mr.N.Satheeshkumar
Additional Government Pleader for R1 to R4
: Mr.Isaac Mohanlal
Senior Counsel
for M/s.Isaac Chambers for R5
: No appearance for R6
ORDER
The petitioner questions the impugned charge memo dated 21.10.2022 issued by the fifth respondent herein. The petitioner's counsel reiterated all the contentions set out in the affidavit filed in support of the writ petition and https://www.mhc.tn.gov.in/judis 2/6 W.P(MD)No.25353 of 2022 called upon this Court to quash the impugned charge memo and grant relief as prayed for.
2. The fifth respondent has filed a detailed counter affidavit and the learned Senior Counsel appearing for the management took me through its contents and pressed for dismissal of the writ petition.
3. The learned Additional Government Pleader submitted that the stand of the department has been made clear and that therefore this Court can pass an appropriate order on that basis.
4. I carefully considered the rival contentions and went through the materials on record.
5. The writ petitioner J.Tamil Rajan joined the fifth respondent school as secondary grade teacher in 1989. He became B.T.Assistant in the year 2010. He was holding the post of selection grade B.T. Assistant. He had completed 33 years of service. He claims to have submitted application for voluntary retirement on 20.04.2022 through proper channel. He claims to have indicated his date of retirement as 19.07.2022. It is further claimed that the school committee accepted his request and also relieved him from service. His contention is that the management lacked the jurisdiction to issue the impugned charge memo thereafter.
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6. The management contests the version projected by the petitioner. According to them, since a new committee had taken over the administration of the school and the petitioner did not want to serve the new team, he created records as if he submitted a request for voluntary retirement on 20.04.2022. Since the petitioner's tampering of record has been discovered, the management decided to take disciplinary action. Pursuant to the said decision, the impugned charge memo came to be issued.
7. I need not consider which version is right. The petitioner had earlier filed W.P.(MD)No.20685 of 2022 and this Court vide order dated 01.09.2022 had directed the competent authority to pass order on his representation for acceptance of his voluntary retirement and disbursement of retirement benefits. Pursuant to the said direction, the Chief Educational Officer, Thoothukudi issued proceedings bearing Moo.Moo.No.4664/Aa4/2022, dated 04.02.2023 granting approval accepting the petitioner's request to go on voluntary retirement. The management was directed to issue relieving order within seven days. This proceeding was served on the management on 06.02.2023. Till date ie., 21.03.2023, there has been no challenge to the aforesaid order. The learned Additional Government Pleader, on instructions, clarified that the petitioner's papers were received by the department on 05.07.2022 itself. It is true that election for the society took place subsequently and the new committee took https://www.mhc.tn.gov.in/judis 4/6 W.P(MD)No.25353 of 2022 over on 04.08.2022. But even before the said date, the department had received the papers pertaining to the petitioner. The competent authority had also given his approval. In these circumstances, I have to necessarily proceed on the basis of the proceedings dated 04.02.2023 issued by the competent authority in favour of the petitioner. The irresistible conclusion is that the petitioner ceased to be the employee of the fifth respondent school after 19.07.2022. Once the employer-employee relationship stood snapped, the management lost the jurisdiction to issue the impugned charge memo. It stands quashed.
8. The school management / R5 and R6 are directed to issue appropriate relieving order in the light of the proceedings dated 04.02.2023 issued by the competent authority. The learned senior counsel appearing for the management states that such an order will be issued by tomorrow. The management is directed to facilitate the earlier disbursal of the petitioner's retirement benefits.
9. The Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.
21.03.2023
Index : Yes / No
Internet : Yes/ No
rmi
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W.P(MD)No.25353 of 2022
G.R.SWAMINATHAN, J.
rmi
To
1.The Director of School Education,
College Road,
Chennai 600006.
2.The Joint Director of School,
College Road,
Chennai 600 006.
3.The Chief Educational Officer,
Thoothukudi,
Thoothukudi District.
4.The District Educational Officer,
Thoothukudi,
Thoothukudi District.
W.P(MD)No.25353 of 2022
21.03.2023
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