Tamil Nadu All Teachers Association v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Tamilnadu All Teachers Association, Rep. by its General Secretary, C.Kipson, No.51A, D10, Ambai Road, Masilamani Nagar, Tirunelveli District. ... Petitioner -vs1.The Principal Secretary to Government, Tamilnadu Welfare of the Differently Abled Persons, St. George Fort, Secretariat, Chennai-9.

2.The Principal Secretary / State Commissioner for the Disabled Thousand Lights, Chennai-8.

3.The Directorate of School Education, College Road, Chennai-6.

4.The District Differently Abled Welfare Officer, Kokirakulam, 5.The Correspondent, The Flowrence Swainson Higher Sec. School for Deaf, Palayamkottai,

Tirunelveli-5.

6.T.Manohar District Differently Abled Welfare Officer (Retd), Door No.8, 8th Main Road, Kamatchi Nagar, 1st Street, K.T.C.Nagar, Palayamkottai, Tirunelveli District.

7.D.Johnson (Head Master), S/o.S.Durairaj, The Flowrence Swainson Higher Sec. School for Deaf, Palayamkottai,

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to take action against the 6th and 7th respondents and make necessary steps to cancel the promotion given to the 7th respondent which is arbitrary and against law and also direct to take necessary steps to recover the amount of Rs.48,49,924/- from the 7th respondent which was given excess by wrongly by way of fraudulent manner. For Petitioner :

Mr. H.Mohammed Imran For R-1 to R-4 : Mr. P.Thilak Kumar, Government Pleader For R-7 : Mr.T.Pon Ramkumar

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.] The issue relates to service. The petitioner Association is questioning the appointment of the 7th respondent as a Headmaster of a Higher Secondary School on the ground that the School has got recognization as a aided school only after High School level and appointment of the 7th respondent as Higher Secondary

School Headmaster and payment of salary is irregular.

2. We do not think Public Interest Litigation on this issue could be entertained because it is purely a service matter. Hence, the writ petition is dismissed. There shall be no order as to costs. [R.S.M., J.] [L.V.G., J.] 18.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Sml To 1.The Principal Secretary to Government, Tamilnadu Welfare of the Differently Abled Persons, St. George Fort, Secretariat, Chennai-9.

2.The Principal Secretary / State Commissioner for the Disabled Thousand Lights, Chennai-8.

3.The Directorate of School Education, College Road, Chennai-6.

4.The District Differently Abled Welfare Officer, Kokirakulam,

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml 18.09.2024