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Showing contexts for: TIRUNELVELI in ) The Government Of Tamilnadu vs ) Udhaya Kumar ... R1 In W.A.1031/14 on 17 September, 2014Matching Fragments
(Order of the Court was made by S.MANIKUMAR, J.) Writ Appeals are directed against the common order made in W.P(MD)Nos.15393 and 15394 of 2012 dated 01.04.2014.
2. As pleadings and submissions are common, both the appeals are disposed of by a common judgment.
3. The impugned orders in the writ petitions are dated 16.12.2011 and 23.01.2012 respectively, passed by the District Educational Officer, Tirunelveli, withholding the salary of the petitioners.
4. Short facts culled out from the impugned orders are that the petitioners were appointed as Graduate Teacher and Secondary Grade Teacher, respectively, in the 4th respondent school on 16.10.1997 and 17.10.1997. Their approval has been made subject to the interim order made in the Writ Petition. Lateron, stay has been vacated. Hence, they have been directed to be terminated and their salary withheld.
2) The Director of Secondary Education, College Road, Chennai-9.
3) The District Educational Officer, Cheranmadevi (Educational District), Tirunelveli-1. ... Appellants in both appeals Vs.
1) Udhaya Kumar ... R1 in W.A.1031/14
2) P.Balamurugan ... R1 in W.A.1032/14
3) The Secretary, Balaiahmarthandam Higher Secondary School, Aavaraikulam, Tirunelveli District. ... R2 in both appeals Prayer in both appeals : Appeals filed under Clause 15 of Letter Patent, against the common order passed in W.P(MD)Nos.15393 and 15394 of 2012 dated 01.04.2014.
For Appellants : Mr.V.R.Shanmuganathan Special Government Pleader For R1 : Mr.K.K.Kannan For R2 : No appearance C O M M ON J U D G M E N T (Order of the Court was made by S.MANIKUMAR, J.) Writ Appeals are directed against the common order made in W.P(MD)Nos.15393 and 15394 of 2012 dated 01.04.2014.
2. As pleadings and submissions are common, both the appeals are disposed of by a common judgment.
3. The impugned orders in the writ petitions are dated 16.12.2011 and 23.01.2012 respectively, passed by the District Educational Officer, Tirunelveli, withholding the salary of the petitioners.
10. According to the appellants, taking advantage of the interim stay and claiming to be a member of the abovesaid association, the Secretary, Balaiahmarthandam Higher Secondary School, Aavaraikulam, Tirunelveli District, 2nd respondent, has appointed teachers in the said school. The appellants have further submitted that the approval granted by the District Educational Officer, Tirunelveli, was subject to the interim order made in W.P.No.6365 of 1997.
11. It is the case of the appellants that staff grant was obtained illegally and during inspection between 06.09.2010 and 08.09.2010, the Regional Accounts Officer (Audit), School Education Department, Madurai, has found out the illegality. The appellants have further submitted that vide order, dated 16.12.2011, of the District Educational Officer, Cheranmadevi (Educational District), Tirunelveli, 3rd appellant, the School was informed to terminate them. Consequently, proceedings dated 23.01.2012 were issued by the District Educational Officer, Cheranmadevi (Educational District), Tirunelveli, 3rd appellant, to withhold the salary. Both the proceedings dated 16.12.2011 and 23.01.2012 have been challenged in W.P(MD)Nos.15393 and 15394 of 2012.