Tamilnadu Graduate Teachers v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.3133 of 2011 and M.P(MD).Nos.2 & 3 of 2011 Tamil Nadu Graduate Teachers Association Rep by its General Secretary, Mr.A.Ayyadurai S/o.Appasamy No.48/3/5 V.O.C. Nagar, Aranthanki Salai, Pattukottai-614 601, Thanjavur District.

... Petitioner Vs.

1.The State of Tamil Nadu, Rep by its Secretary to Government, Department of School Education, Secretariat, Chennai.

2.The Director of School Education, Chennai-6.

3.The Director of Elementary Education, Chennai-6.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned Government Order in G.O.Ms.No.182, School Education Department (G1), dated 25.07.2007 on the file of the Respondent No.1 and quash the same as illegal. For Petitioner : Mr.T.Lajapathi Roy For R1 to R3 : Mrs.S.Srimathi Special Government Pleader

ORDER

The writ petitioner is Tamil Nadu Graduate Teachers Association represented by its General Secretary. The writ petition is filed challenging the Government Order passed in G.O.Ms.No.182, School Education Department (G1), dated 25.07.2007.

https://hcservices.ecourts.gov.in/hcservices/ 2.The Government Order is in relation to the selection and appointment to the post of Headmaster, Middle School. The members of

the petitioner's Association are already working in the Department and the Association cannot represent the open market candidates, who all are aspiring to secure appointment. This apart, even appointments/promotions are the individual grievances of the employee and the appointment as well as the promotion sought to be made in accordance with the recruitment rules as well as the promotion Rules in force. This being the issue raised in the present writ petition, the Association as a whole cannot raise a dispute and the individual members if at all aggrieved, is at liberty to approach the Court for redressal of their grievances. Accordingly, the Association cannot maintain the present writ petition in the matter of appointment or promotion, which all are individual grievances.

3.In view of the above, this Writ Petition stands dismissed. No costs. Consequently, the connected M.Ps are closed. Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) Ns To 1.The Secretary to Government, State of Tamil Nadu, Department of School Education, Secretariat, Chennai.

2.The Director of School Education, Chennai-6.

3.The Director of Elementary Education, Chennai-6.

+1CC TO MR.T.LAJAPATHI ROY, Advocate Sr. No.84825 W.P.(MD)No.3133 of 2011 and M.P(MD).Nos.2 & 3 of 2011 30.08.2019 MR(CO) TR(14.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/