The Joint Director Of School Education (Secondary) v. The Correspondent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.A.(MD)No.2163 of 2024 and C.M.P.(MD) No.15217 of 2024 1.The Joint Director of School Education (Secondary), College Road, Chennai - 6.

2.The Chief Educational Officer, Madurai, Madurai District.

3.The District Educational Officer, Thirumangalam, Madurai District.

... Appellants -vsThe Correspondent, R.C. Middle School, Palanganatham - 623 003, Madurai District.

... Respondent Writ Appeal filed under Clause 15 of Letters Patent to allow this Writ Appeal by setting aside the order, dated 28.11.2023 made in W.P.(MD).No.10671 of 2023.

For Appellants : Mr.S.P.Maharajan, Special Government Pleader.

For Respondents : Ms.A.Amala

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] This writ appeal has been filed to help the wholly inactive officials of the education department. All that the Writ Court has done is to direct the third appellant to grant approval on being satisfied that there are no surplus teachers in the school. Since no orders were passed within the time frame fixed by the learned Single Judge, Cont.P.(MD)No.1660 of 2024 was filed by the respondent herein. Sensing trouble, this writ appeal has been filed only to wriggle out of the consequences of contempt.

2.Though this writ appeal has been presented with a delay on 19.08.2024, no action has been taken to determine as to whether there are surplus teachers in the school or not. We will be committing a crime if we are to entertain such appeals which will aid disobedience of the orders of this Court.

Hence, the writ appeal is dismissed. We refrain from imposing cost since we find that the no amount of such imposition of cost will reform this particular department namely, the education department. We make it clear that we are not extending the time granted by the learned Single Judge for complying with his order and if the order has not been complied within the time granted by the learned Single Judge, the learned Single Judge will be at liberty to proceed in contempt and pass appropriate orders. We make it clear that the salaries of the teachers shall be paid from the date of appointment upon approval. No costs. Consequently, connected miscellaneous petition is closed. NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 29.10.2024 ias To:

1.The Joint Director of School Education (Secondary), College Road, Chennai - 6.

2.The Chief Educational Officer, Madurai, Madurai District.

3.The District Educational Officer, Thirumangalam, Madurai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

ias 29.10.2024