The Correspondent v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P.(MD).Nos.

7337,5504,7334,7335,4667,4668,4669,4508,4507,4064,4506,4505,4063,5502 and 5503 of 2024 Prayer in W.P(MD).No.8108 of 2024 1 The Correspondent Amala Convent Girls Higher Secondary School, Thuckalay, Kanyakumari District.

2 The Correspondent Amala Convent Tamil Primary School, Thuckalay, Kanyakumari District.

3 The Correspondent St. Antonys High School, Surulacode, 1/10

Kanyakumari District.

4 The Correspondent St. Antonys Primary School, Surulacode, Kanyakumari District.

5 The Correspondent St. Antonys Higher Secondary School, Enayam Puthenthurai, Kanyakumari District.

6 The Correspondent St. Antonys Primary School, Enayam Puthenthurai, Kanyakumari District.

... Petitioners Vs.

1.The State of Tamil Nadu Rep by its Secretary, Department of School Education, Fort St. George, Chennai - 600 009 2 The Block Educational Officer Karungal, Kanyakumari District 3 The Sub-Treasury Officer, Vilavancode, Kanyakumari District.

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4 The Sub-Treasury Officer Kalkulam, Kanyakumari District.

5 The Sub-Treasury Officer Karungal, Kanyakumari District 6 The Principal Secretary / Commissioner of, Treasuries and Accounts, Integrated Office Complex of Finance Department, Nandanam, Chennai 600 035 7 The Director of School Education, College Road, Chennai - 600 009 8 The Treasury Officer District Treasury, Nagercoil, Kanyakumari District 9 The Chief Educational Officer Kanyakumari District at Nagercoil, Kanyakumari District 10 The District Educational Officer(Elementary), Nagercoil, Kanyakumari District.

11 The District Educational Officer, Marthandam, Kanyakumari District.

12 The Block Educational Officer 3/10

Thuckalay, Kanyakumari District.

13 The Block Educational Officer Thiruvattar, Kanyakumari District .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent pertaining to its proceeding in Na.ka.No.3750/IFMS/2023 dated 10-07-2023 and the proceeding of the 5th respondent bearing Na.ka. No. 6190/A4/2021 dated 22-11-2023 and to quash the same and consequently direct the respondents to include the correspondent of the school in the level of SANCTIONER of claiming grant in IFHRMS that is integrated financial and Human Resources Management System.

For Petitioner : Mr.SC.Herold Singh For Respondents : Mr.Veera Kathiravan, Additional Advocate General assisted by Mr.M.Siddarthan, AGP C O M M O N O R D E R

1. The petitioners have filed this Writ Petition seeking Writ of Certiorarified Mandamus to quash the order passed by the second respondent in Na.ka.No.3750/IFMS/2023 dated 10.07.2023 and the proceeding of the fifth respondent in Na.ka.No.6190/A4/2021 dated 22.11.2023. 4/10

2.When similar such prayer raised in the earlier Writ Petition in W.P. (MD) No.7387 of 2020, the following orders have been passed: 3.Considering the fact that the issue involved in this writ petition is also identical, this Writ Petition is disposed of recording the above statement. However, the learned counsel for the petitioner would submit that although the powers have been given, they are not able to enter the portal. Therefore, a direction is issued to the respondents to forthwith ensure that the Correspondent/Secretary of the Schools can implement the scheme. No costs. Consequently, connected miscellaneous petitions are closed." 3.However,learned Additional Government Pleader for the respondents submitted that the private schools intend to change the nomenclature of the software and the construction of the software is under process. As the learned counsel for the petitioners submitted that there are batch of cases, which have been filed to this effect, the matter is ordered to be tagged along with all these group matters.

4. The only issue that has been addressed before this Court is that the existing IFHRMS software allows the entry for the Correspondent only against the employee name. As the software is not programmed in a manner to 5/10

accommodate the sanctioning authority, the sanctioning authority is also show as an employee which is weird.

5. Mr.Veera Kathiravan, learned Additional Advocate General submitted that only a few schools raised this issue and the rest of the schools are continuing with IFHRMS and does not find any difficulty. The problem arises because the Government Schools does not have the position of Correspondent in place and hence the demand would arise only for those school who have Correspondents and who happen to be the salary sanctioning authority. The respondents have understood the demand and risen up to accommodate the demands of the petitioners in right spirit.

6. However, I feel it is appropriate to fix a time limit to complete the task instead of keeping the matter pending, especially when there is no contentious issue awaits to be decided. Since the respondents had agreed to rewrite/amend/ upgrade the software in such a way that it meets out the requirement of the petitioners, the task shall be completed within a period of six weeks. It would not be worthwhile to issue a further direction to facilitate a meeting between the representative of the Government outsourced software company who was given with the task of building the software and the experts representatives nominated 6/10

by the petitioners in order to understand the requirement clearly in order to avoid further complications. Till the appropriate software is rolled out for better operation, the existing salary disbursal system (IFHRMS) shall be allowed to continue in so far as the petitioners alone.

Accordingly, the Writ Petitions are disposed of with the above directions. There shall be no order as to costs. Connected miscellaneous petitions are closed.

10.04.2024 NCC:yes/no Index:yes/no Internet:yes/no kpr To 1.The Secretary to State of Tamil Nadu Department of School Education, Fort St. George, Chennai - 600 009 2 The Block Educational Officer Karungal, Kanyakumari District 3 The Sub-Treasury Officer, 7/10

Vilavancode, Kanyakumari District.

4 The Sub-Treasury Officer Kalkulam, Kanyakumari District.

5 The Sub-Treasury Officer Karungal, Kanyakumari District 6 The Principal Secretary / Commissioner of Treasuries and Accounts, Integrated Office Complex of Finance Department, Nandanam, Chennai 600 035 7 The Director of School Education, College Road, Chennai - 600 009 8 The Treasury Officer District Treasury, Nagercoil, Kanyakumari District 9 The Chief Educational Officer Kanyakumari District at Nagercoil, Kanyakumari District 10 The District Educational Officer(Elementary), Nagercoil, Kanyakumari District.

11 The District Educational Officer, Marthandam, Kanyakumari District.

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12 The Block Educational Officer Thuckalay, Kanyakumari District.

13 The Block Educational Officer Thiruvattar, Kanyakumari District 9/10

R.N.MANJULA, J.

kpr W.P.(MD)Nos.8108,4853,4679,4680, 4216, and 5825 of 2024 10.04.2024 10/10