The Government Of Tamil Nadu v. G. Nirmala

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2016

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.A.(MD).Nos.879, 880 and 881 of 2015 and M.P.Nos.1,1,1,2 and 2 of 2015 1.The Government of Tamil Nadu, Rep. by Secretary to Government, School Education Department Fort St. George, Chennai.

2.The Director of Elementary Education, College Road, Chennai.

3.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

4.The Assistant Elementary Educational Officer, Alangulam, Panchayat Union - Alangulam, Tirunelveli District.

: Appellants/Respondents in all appeals Vs.

G.Nirmala :Respondent/Petitioner in W.A.No.879 S.Thiruramalingam : Respondent/Petitioner in W.A.No.880 Rachel Christy : Respondent/Petitioner in W.A.No.881 COMMON PRAYER: Writ Appeals are filed under Clause 15 of the Letters Patent against the Order dated 17.04.2012 made in W.P. (MD).Nos. 3424 to 3426 of 2011 on the file of this Court. For Appellants : Mr.D.Muruganandham Addl. Government Pleader https://hcservices.ecourts.gov.in/hcservices/ For Respondents : No appearance

COMMON JUDGMENT [Judgment of the Court was delivered by The Hon'ble The Chief Justice] The private respondents, who were appointed 20 years ago as Headmasters, were sought to be denied the financial benefits on the ground that when they were initially appointed, they did not have the requisite qualification of five years experience as Secondary Grade Teachers. The admitted position is that there was no suppression by the private respondents of this fact or that they lack the qualification. They have been paid salary for 20 years. The learned single Judge, thus, opined that such appointment, after 20 years cannot be said to be irregular to deny them the consequential benefits.

2. We find no reason to interfere with the impugned order for the aforesaid reasons, with which, we are in complete agreement.

3. The writ appeals are dismissed. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, The Government of Tamil Nadu, School Education Department Fort St. George, Chennai.

2.The Director of Elementary Education, College Road, Chennai.

3.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

4.The Assistant Elementary Educational Officer, Alangulam, Panchayat Union - Alangulam, Tirunelveli District.

+1 cc to Special Government Pleader SR.No.79453 JUDGMENT MADE IN W.A(MD) Nos.879 to 881 of 2015 and M.P.Nos.1 to 1 and 2 to 2 of 2015 Dated:

02.12.2016 SMA/SKN/21.12.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/