G.Laris Rayer v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.11.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP(MD)No.19731 of 2019 and W.M.P(MD)No.16219 of 2019 G.Laris Rayer ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai-600 006.
2.The Director of School Education, College Road, Chennai-600 006.
3.The Chief Educational Officer, Thoothukudi District, Seena Vana Government Higher Secondary School Campus, Thoothukudi-628 002.
4.The District Educational Officer, Thoothukudi Educational District, Seena Vana Government Higher Secondary School Campus, Thoothukudi-628 002.
5.The Secretary Spic Nagar Higher Secondary School, Spic Nagar (Post)-628 005, Thoothukudi & District.
... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings issued by the fifth respondent school namely, Spic Nagar Higher Secondary School, Thoothukudi dated 24.08.2018, quash the same and further direct the fifth respondent school to disburse a sum of Rs.4,58,205/- with interest towards the arrears of VIth Pay Commission implementation during the petitioner's wife's service period from 01.01.2007 to 31.05.2010 and arrears of Gratuity. For Petitioner : Mr.S.Xavier Rajini For R1 to R4 : Mr.J.Ashok Additional Government Pleader For R5 : Mr.C.Karthikeyan for Mr.M.R.Srinivasan *****
ORDER
The present Writ Petition has been filed challenging the Pay Parity as well as Gratuity.
2. The learned counsel appearing for the petitioner would fairly admit that the fifth respondent do not receive any grant-in-aid from the Government. It is well settled principle of law that since because some regulatory machanism is in existence and controlled by the Government, does not mean that even against the private Educational Institution, the writ 2/5
petition will be maintainable. In the case on hand, since the fifth respondent is admittedly Private Educational Institution and is not receiving any grantin-aid. Therefore, as per the judgment of the Hon'ble Supreme Court of India in the case of ST.Mary's Education Society vs. Rajendra Prasad Bhargava reported in (2023) 4 Supreme Court Cases 498, the writ petition will not lie.
3. In view of the above position, the present writ petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is closed.
4. The dismissal of the writ petition will not affect the right of the petitioner to claim Gratuity in an appropriate forum in accordance with law. 05.11.2025 Index : Yes/No am 3/5
To 1.The Secretary, Department of School Education, Fort St. George, Chennai-600 006.
2.The Director of School Education, College Road, Chennai-600 006.
3.The Chief Educational Officer, Thoothukudi District, Seena Vana Government Higher Secondary School Campus, Thoothukudi-628 002.
4.The District Educational Officer, Thoothukudi Educational District, Seena Vana Government Higher Secondary School Campus, Thoothukudi-628 002.
4/5
C.KUMARAPPAN, J.
am WP(MD)No.19731 of 2019 05.11.2025 5/5