S.Ganapathy, v. The District Educational

W.P.(MD).No.11408 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).No.11408 of 2014 and MP(MD)Nos.1 and 2 of 2014 S.Ganapathy ... Petitioner -Vs1.The District Educational Officer, Tirunelveli-1.

2.The Secretary, Sri Manthiramoorthi Higher Secondary School Committee, 11, Railway Feeder Road, Tirunelveli Town and District.

3.T.S.Arulkumar 4.Sri Manthiramoorthi Higher Secondary School, Through its Life Member S.Manthira Ganesan, 11, Railway Feeder Road, Tirunelveli Town, Tirunelveli.

... Respondents [4th respondent is impleaded vide order dated 20.08.2019 in MP(MD)No.3 of 2014] Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the impugned order of the second respondent dated 30.06.2014 and quash the same and consequently, direct the respondents to give reemployment to the petitioner from 01.07.2014 to 31.05.2015 i.e. till the end of academic year 2014-2015 as Head Master in the second respondent school and give all monetary and attendant benefits with arrears.

For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mrs.S.Srimathy Special Government Pleader (for R1) Mr.G.Prabhurajadurai (for R2) Mr.H.Arumugam (for R4)

ORDER

The learned Special Government Pleader appearing on behalf of the first respondent states that the re-employment granted in https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.11408 of 2014 favour of the writ petitioner has been approved by the Competent Educational Authority. In any event, not approving the appointment, the management of the school is responsible to pay the salary to the teacher.

2.Under these circumstances, the petitioner is at liberty to approach the Competent Educational Authorities, seeking approval and in the event of approval, the department may take steps to settle the salary. If the petitioner is not eligible for such an approval from the hands of the educational authorities, as per the rules in force, then, the petitioner is entitled to get the salary from the management of the school and such an event, the management of the school is directed to settle the salary is applicable to the teacher for the period of re-employment.

3.With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) sji To The District Educational Officer, Tirunelveli-1.

+1 CC to Mr.H.ARUMUGAM, Advocate ( SR-22910[F] dated 26/11/2020 ) +1 CC to Mr.G. PRABHU RAJADURAI, Advocate ( SR-22707[F] dated 24/11/2020 ) W.P.(MD).No.11408 of 2014 23.11.2020 VB (03.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2