Shanthinikethan Higher Secondary School v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD) Nos.8641 and 8642 of 2020 and 9509 of 2021 Shanthinikethan Higher Secondary School, Rep by its Correspondent, Dr.Nirmala Jeyaraj, Santhipuram, Ambilikai, Oddanchatram Taluk, ... Petitioner Vs.
1.The State of Tamilnadu, Represented by its Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai-600009.
2.The Principal Secretary/Commissioner of Treasuries and Accounts, Integrated Office Complex for Finance Department, Nandanam, Chennai-600 035.
3.The Director of School Education, DPI Campus, College Road, Chennai-600 006.
4.The Chief Educational Officer, Dindigul, 5.The District Educational Officer, Palani District Educational Office, ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned communication in Rc.No. 0012/PA/JDS/2018 dated 09/2018 issued by the third respondent and to quash the same and consequently, directing the respondents to implement Integrated Financial and Human Resource Management System (IFHRMS)in Government Aided Schools in accordance with law and not in derogation of the provisions of Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 and Rules 1974 in the matter of e-Salary of Scheme and e-SR maintenance.
For Petitioner : Mr.P.Arun Jayatram For Respondents : Mr.Veerakathiravan Additional Advocate General-III Assisted by Mr.M.Ramesh Government Advocate
ORDER
The above writ petition is filed to call for the records relating to the impugned communication in Rc.No.0012/PA/JDS/2018, dated 09/2018, issued by the third respondent and to quash the same and consequently, directing the respondents to implement Integrated Financial and Human Resource Management System (IFHRMS)in Government Aided Schools in accordance with law and not in derogation of the provisions of Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 and Rules 1974 in the matter of e-Salary of Scheme and e-SR maintenance.
2. It was brought to the notice of the Court that pending this writ petition, the Government had given powers to Correspondent/Secretary of the Schools to exercise the powers to operate the Integrated Financial and Human Resource Management System (IFHRMS), vide order dated 30.11.2021. This was reiterated by the Joint Director, Chennai, vide his proceedings dated 07.04.2022 in Na.Ka.No.008455/D-1-E4/2019. On the basis of these orders, W.P(MD)No.33092 of 2018 and W.P.(MD) No.7448 of 2020 were disposed of.
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.
28.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp To 1.The Principal Secretary to Government, State of Tamilnadu, School Education Department, Secretariat, Fort St.George, Chennai-600009.
2.The Principal Secretary/Commissioner of Treasuries and Accounts, Integrated Office Complex for Finance Department, Nandanam, Chennai-600 035.
3.The Director of School Education, DPI Campus, College Road, Chennai-600 006.
4.The Chief Educational Officer, Dindigul, 5.The District Educational Officer, Palani District Educational Office,
P.T.ASHA, J.
cp Dated: 28.06.2023