✦ High Court of India · 25 Jul 2025

High Court · 2025

Case Details High Court of India · 25 Jul 2025
Court
High Court of India
Decided
25 Jul 2025
Length
1,535 words

Acts & Sections

Cited in this judgment

W.P.Nos.21848 & 24466 of 2011, 24156 & 22923 of 2012 and 31647 of 2015IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.07.2025CORAMTHE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMARW.P.Nos.21848 & 24466 of 2011, 22923 & 24156 of 2012 and 31647 of 2015 andM.P.Nos.1, 1 & 2 of 2011, 1 & 2 of 2012 and 1 of 2015B.Abarna... Petitioner in all W.PsVs.George Venugopal,Middle School,Rep. by its Correspondent/Secretary,Mudaiyur, Thirukkalukundram..... Respondent in W.P.No.21848 of 20111.George Venugopal, Middle School, Rep. by its Correspondent/Secretary, Mudaiyur, Thirukkalukundram.2.The District Elementary Educational Officer, Kancheepuram District, Kancheepuram.3.The Assistant Elementary Educational Officer, Thirukkazhikundram Circle, Thirukkazhikundram, Kancheepuram District.*R2 and R3 impleaded as per order dated 21.11.2011 in MP.Nos.2 & 3 of 2011in W.P.No.24466 of 2011..... Respondents in W.P.No.24466 of 2011Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.21848 & 24466 of 2011, 24156 & 22923 of 2012 and 31647 of 20151.George Venugopal Middle School, Rep. by its Correspondent/Secretary, Mudaiyur, Thirukkalukundram, Kancheepuram District.2.S.Karunamoorthy, (Headmaster), George Venugopal Middle School, Mudaiyur, Thirukkalukundram, Kancheepuram District.3.The Enquiry Officer, George Venugopal Middle School, Mudaiyur, Thirukkalukundram, Kancheepuram District..... Respondents in W.P.No.22923 of 20121.George Venugopal Middle School, Rep. by its Correspondent/Secretary, Mudaiyur, Thirukkalukundram, Kancheepuram District.2.The Enquiry Officer, George Venugopal Middle School, Mudaiyur, Thirukkalukundram, Kancheepuram District.3.S.Karunamoorthy, (Headmaster), George Venugopal Middle School, Mudaiyur, Thirukkalukundram, Kancheepuram District..... Respondents in W.P.No.24156 of 2012 1.George Venugopal Middle School, Rep. by its Correspondent/Secretary, Mudaiyur, Thirukkalukundram, Kancheepuram District.Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.21848 & 24466 of 2011, 24156 & 22923 of 2012 and 31647 of 20152.S.Karunamoorthy, (Headmaster), George Venugopal Middle School, Mudaiyur, Thirukkalukundram, Kancheepuram District..... Respondents in W.P.No.31647 of 2015Prayer in W.P.No.21848 of 2011: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the order dated 15.09.2011 passed by the respondent and quash the same and forebear the respondent from initiating any enquiry against the petitioner.Prayer in W.P.No.24466 of 2011: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the order dated 28.09.2011 passed by the respondent and quash the same and forebear the respondent from initiating any enquiry against the petitioner.Prayer in W.P.No.22923 of 2012: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the order dated 05.07.2012issued by the 1st respondent and quash the same and forbear the 1st respondent from proceedings further in the enquiry against the petitioner.Prayer in W.P.No.24156 of 2012: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceeding dated 06.07.2011 passed by the 1st respondent and quash the same and consequently direct the 1st respondent to conduct an enquiry in terms of the dictum and procedure lay down in the case reported in 1997 (6) SCC 241 by the Hon'ble Supreme Court of India.Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.21848 & 24466 of 2011, 24156 & 22923 of 2012 and 31647 of 2015Prayer in W.P.No.31647 of 2015: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceeding dated 23.09.2015 passed by the 1st respondent and quash the same and consequently forbear the 1st respondent from initiating any departmental enquiry against the petitioner without initiating any action against the 2nd respondent in terms of the dictum and procedure lay down in the case reported in 1997 (6) SCC 241 by the Hon'ble Supreme Court of India.In all W.PsFor Petitioner: Mr.G.EthirajuluFor R1: Mr.P.RajendranFor R2: Ms.Akila Rajendran Government Advocate. O R D E RAll these petitions have been filed by the petitioner, namely B.Abarna against the respondent School. On an earlier occasion, when these matters came up before this Court on 11.07.2025, this Court, taking into consideration the trivial nature of the disputes, suggested for amicable settlement of the disputes between the parties, and with the consent of the parties, the matters were placed before the Mediation Centre attached to this Court. Accordingly, the petitioner and the respondent School have arrived at Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.21848 & 24466 of 2011, 24156 & 22923 of 2012 and 31647 of 2015certain terms of settlement and a joint memo of compromise was entered into and filed by the petitioner and the respondent School. The said terms of compromise reads as under: “1.The 1st Respondent namely the School/Management in W.P.No.21848 of 2011 agrees to withdraw the suspension order dated 05.09.2011 which has been challenged in the said writ petition.2.The 1st Respondent namely the School/Management in W.P.No.24466 of 2011 agrees to withdraw the charge memo dated 28.09.2011 which has been challenged in the said Writ Petition.3.The 1st Respondent namely the School/Management in W.P.No.22923 of 2012 agrees to withdraw the charge memo dated 05.07.2012 which has been challenged in the said Writ Petition.4.The 1st Respondent namely the School/Management in W.P.No.31647 of 2015 agrees to withdraw the show cause notice dated 23.09.2015 which has been challenged in this Writ petition.5.The Petitioner in W.P.No.24156/2012 agrees to withdraw the said Writ Petition challenging the punishment of stoppage of increment for one year with cumulative effect imposed on the 3rd respondent/Head Master.6.The 1st Respondent namely the School/Management in the Writ Petitions hereby undertake and take steps to pay monetary and Service benefits accrued to the petitioner from the year 2011 to 2025 in terms of her educational qualifications if any and if withheld on account of the Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.21848 & 24466 of 2011, 24156 & 22923 of 2012 and 31647 of 2015pendency of the above disciplinary proceedings within the period of three months from the date of execution of this memo of compromise through the Respondents 2 & 3 in the W.P.No.24466 of 2011 on the strength of the recommendation made by the 1st respondent.7.The 1st Respondent agrees to send a proposal to the competent authority of the school education department for the sanction of recognition of B.Ed degree dated 31.05.2011 submitted by the petitioner and and correspondingly grant incentive with all attendant benefits within the period of three months from the date of execution of this memo of compromise.8.If the Petitioner in the said Writ Petitioners seeks transfer to any other school, the Respondent School will not have any objection and will recommend to the School education department for the sanction of such a transfer.9.It is agreed by the parties herein that the Petitioner in the Writ Petitions will be entitled to get those benefits that were withheld on account of the pendeny of the above said disciplinary proceedings to implement Clause 6 and 7 of this memo of compromise.10.Till such time the petitioner continuous Service of the 1st Respondent, she will be treated appropriately.11.Parties agrees that the court shall pass orders in terms of this compromise memo between the petitioner and school management.” 2.In terms of the above compromise, the respondent School/ Management agreed to withdraw charge memo dated 28.09.2011 and Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.21848 & 24466 of 2011, 24156 & 22923 of 2012 and 31647 of 201505.07.2012 which are impugned in W.P.Nos.24466 of 11 and 22923 of 2012 respectively. In view of the same, the cause in the writ petition does not survive. 3.So also, the respondent School Management agreed to withdraw the show cause notice dated 23.09.2015 which is impugned in W.P.No.31647 of 2015. Hence, nothing survives in this writ petition as well. 4.Then, coming to W.P.No.21848 of 2011, the same was filed challenging the order dated 05.09.2011 whereby the petitioner was placed under suspension. The respondent School/Management agreed to withdraw the said order dated 05.09.2011 and hence, nothing survives in this writ petition also.5.Then, coming to W.P.No.24156 of 2012, the petitioner agreed to withdraw the said writ petition, wherein the petitioner challenged the punishment of stoppage of increment for one year with cumulative effect imposed on the Headmaster by the respondent School. Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.21848 & 24466 of 2011, 24156 & 22923 of 2012 and 31647 of 20156.In the light of the above the W.P.No.24156 of 2012 is dismissed as withdrawn and all the other writ petitions are disposed of in terms of the compromise noted above. Further, the respective parties are directed to comply with their respective obligations within a period of two (2) months from the date of receipt of a copy of this order. No costs. Connected miscellaneous petitions, if any, shall stand closed.7.The Registry is directed to enclose a copy of the joint memo of compromise and the resolution dated 22.07.2025 as annexure to this order. 25.07.2025dpaIndex : Yes / NoSpeaking order / Non-speaking orderNeutral Citation : Yes / NoPage 8 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.21848 & 24466 of 2011, 24156 & 22923 of 2012 and 31647 of 2015To1.The Correspondent/Secretary, George Venugopal Middle School, Mudaiyur, Thirukkalukundram.2.The District Elementary Educational Officer, Kancheepuram District, Kancheepuram.3.The Assistant Elementary Educational Officer, Thirukkazhikundram Circle, Thirukkazhikundram, Kancheepuram District.4.The Enquiry Officer, George Venugopal Middle School, Mudaiyur, Thirukkalukundram, Kancheepuram District.Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.21848 & 24466 of 2011, 24156 & 22923 of 2012 and 31647 of 2015MUMMINENI SUDHEER KUMAR, J.dpaW.P.Nos.21848 & 24466 of 2011, 22923 & 24156 of 2012 and 31647 of 2015 25.07.2025Page 10 of 10

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