Madras High CourtWP/21380/2021disposed of

P.Anbazhagan v. The Director Of School Education

2021-10-04Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NOS.21380, 21386 & 21387 OF 2021 AND W.M.P.NOS.22624, 22625, 22628, 22629, 22631 & 22632 OF 2021 (Through Video Conferencing) 1.P.Anbazhagan ... Petitioner in W.P.No.21380 of 2021 2.K.Anbukkarasi ... Petitioner in W.P.No.21386 of 2021 3.I.Aruldas ... Petitioner in W.P.No.21387 of 2021 Vs

1. The Director of School Education, College Road, Chennai - 6.

2. The Zonal Accounts Officer (Audit), School Education Department, Coimbatore - 641 001.

3. The Chief Educational Officer,

4. The District Educational Officer, Nammakkal District.

... 1st to 4th respondents in all W.Ps

5. The Headmaster, Government Higher Secondary School, Singalandapuram, Rasipuram Taluk, Namakkal - 637 412.

... 5th respondent in W.P.No.21380 of 2021

6. The Headmaster, Government Girls Higher Secondary School, Komarapalayam, Namakkal District.

... 5th respondent in W.P.No.21386 of 2021 7.The Correspondent, R.C.High School, Rasipuram, ... 5th respondent in W.P.No.21387 of 2021 Prayer in W.P.No.21380 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the entire records connected with the impugned order passed by the second respondent in Na.Ka.No.603/E8/2021, dated nil 08.2021 and quash the same.

Prayer in W.P.No.21386 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the entire records connected with the impugned order passed by the second respondent in Na.Ka.No.554/E8/2021, dated nil 08.2021 and the consequential order passed by the fifth respondent in Na.Ka.No.237/2/2021 dated 03.09.2021 and quash the same.

Prayer in W.P.No.21387 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the entire records connected with the impugned order passed by the second respondent in Na.Ka.No.89/E8/2021, dated nil 07.2021 and quash the same.

For Petitioner : Mr.S.N.Ravichandran (In all W.Ps) For Respondents : Mr.L.S.M.Hasan Fizal (In all W.Ps) Government Advocate COMMON ORDER Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the first to fourth respondents.

2. By this common order, all the writ petitions are being disposed of at the time of admission.

3. The petitioners have challenged the impugned communication issued by the second respondent seeking to recover the incentive increments granted to the petitioners allegedly in contravention of G.O(Ms).No.177, School Education [SE5(2)] Department dated 13.10.2016.

4. The learned Government Advocate for the respondents categorically submitted that no recovery has been ordered based on the impugned communication of the second respondent. He submits that the writ petitioner in W.P.Nos.21380 & 21386 of 2021 have been issued with a Show Cause Notices by the fifth respondent dated 03.09.2021 and 20.09.2021 respectively, copies of which have not been kept in the bundle. He further submits that no recovery will be made based on the impugned communication of the second respondent. He submits that the writ petitioners will be issued with a Show Cause Notice in due course and recovery if any will be subject to the final outcome of the recovery proceedings.

5. Recording the same, these Writ Petitions are disposed by directing the respondents to issue notice to the third petitioner also in W.P.No.21387 of 2021. It is open to the petitioners to defend themselves in each of the respective show cause proceedings.

6. In W.P.No.21386 of 2021, though a notice has been issued, it is noticed that consequential recovery has been ordered by the fifth respondent on 03.09.2021. In view of the above reasonings, it is made clear that no recovery can be made without proper show cause notice and proper adjudication after following the Principles of Natural Justice. Therefore, the order passed by the second respondent in Na.Ka.No.237/2/2021 dated 03.09.2021 is also liable to be set aside and is hereby setaside.

7. The fifth respondent in all the writ petitions shall consider the representation if any of the respective writ petitioners and pass appropriate orders within a period of twelve weeks from the date of receipt of receipt of a copy of

this order.

No costs.

Consequently, connected Writ Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar arb To