K.Boobalan v. The State Of Tamil Ndu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.28369, 28370, 28377, 28378, 28381, 28382, 28383 & 28384 of 2024 K.Boobalan ... Petitioner in W.P.No.25981 of 2024 A.Sarala ... Petitioner in W.P.No.25984 of 2024 K.Devi ... Petitioner in W.P.No.25986 of 2024 Suriyakala ... Petitioner in W.P.No.25987 of 2024 Vs.
1.The State of Tamil Nadu represented by Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
2.The Director of School Education, D.P.I. Campus, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Nagapattinam.
4.The District Educational Officer, Mayiladuthurai.
... Respondents 1 to 4 in all W.Ps.
5.The Secretary, 1/4
Ramakrishna Higher Secondary School, Godhandapuram, Mayiladuthurai.
... R5 in W.P.Nos.25981 & 25984 of 2024 The Secretary, Muthuswamy Viswanthan High School, Madhirivellor, Sirkalai Taluk, Mayiladuthurai District.
... R5 in W.P.No.25986 of 2024 The Secretary, Thiruvengadu S S T Higher Secondary School, Sirkali Taluk, Mayiladuthurai District.
... R5 in W.P.No.25987 of 2024 Writ Petitions filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for records relating to the impugned order issued by the fourth respondent in Na.Ka.No.3478/A3/2024, Na.Ka.No.3478/Aa2/2024 dated 16.07.2024 and to quash the same and consequently, forbearing the respondents from insisting for passing of Teacher Eligibility Test against the petitioners to continue in service with all benefit in the post of B.T.Assistant (Science), B.T.Assistant (English), B.T.Assistant (English) and B.T.Assistant (Tamil) in the fifth respondent school respectively. For Petitioners : Mr.M.Pari [in all W.Ps.] For Respondents : Mrs.P.Rajarajeshwari [in all W.Ps.] Government Advocate [R1 to R4] ***** COMMON ORDER 2/4
All these writ petitions have been filed challenging the impugned proceedings of the fourth respondent dated 16.07.2024 wherein the fourth respondent has directed the fifth respondent school to initiate action for recovery on the ground that the petitioners were already terminated from service since they did not complete the TET examination and the same was also confirmed in the writ petition filed before this Court and in spite of the same, they were continued to be engaged by the fifth respondent school by paying salary.
2. Heard Mr.M.Pari, learned counsel for petitioners and Mrs.P.Rajarajeshwari, learned Government Advocate appearing for respondents 1 to 4.
3. In the considered view of this Court, the termination order passed against the petitioners has become final. In view of the same, the petitioners cannot continue in the fifth respondent school. Therefore, the consequential order passed by fourth respondent dated 16.07.2024 cannot be put to challenge separately. In other words, when the main order of termination from service has become final, there is no question of N.ANAND VENKATESH, J 3/4
gm challenging the consequential order, which is a fall out of the earlier order passed terminating the petitioners from service.
4. In view of the above, this Court does not find any ground to entertain these writ petitions.
Accordingly, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 05.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
2.The Director of School Education, D.P.I. Campus, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Nagapattinam. 4.The District Educational Officer, Mayiladuthurai. 4/4