Kuilambal v. The Director of School Education

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 27.03.2008CORAMThe Honourable Mr. Justice ELIPE DHARMA RAOandThe Honourable Mr. Justice M.VENUGOPALW.A. No.1364 of 20011. Kuilambal W/o. Late T.Balan2. B.Nathigan, S/o. Late T.Balan... Appellants/PetitionersVs. 1. The Director of School Education College Road, Nungambakkam, Chennai.600 006.2. The Joint Director (Secondary)of School Education, Chennai.63. The Chief Educational Officer, Thanjavur.4. P.V.Selvaraj High School, rep. By the Secretary, School Committee, Ganapathy Nagar, Tanjore.... RespondentsWrit Appeals filed under clause 15 of the letters Patent prayingfor the relief stated therein. Presented under Article 226 of theConstitution of India to issue a Writ of Certiorarified Mandamus,calling for the records of the second respondent, made inNa.Ka.334538/D4/88, dated 16.11.1989, and quash the same and furtherdirect the respondents to pay the Provident Fund, ADADA, Family pension,Death-cum-retirement Gratuity on the basis of the deceased T.Balan, isdeemed to have continued in service till the date of his death viz.,8.9.1989.For Appellants : Mr.R.SingaravelanFor Respondents : Mr.S.Rajasekaran, AGP (E) for R1 to R3 No appearance for R.4- - - https://hcservices.ecourts.gov.in/hcservices/ J U D G M E N T(Judgment of the Court was delivered by ELIPE DHARMA RAO, J.)The writ appeal is directed against the order passed by the learnedsingle Judge of this Court dated 29.9.1999 made in W.P.No.6081 of 1991,whereby the learned single Judge has ordered granting terminal benefitsin favour of the legal heirs of the deceased T.Balan, who was workingas I Grade Tamil Pandit in the fourth respondent School, viz.,P.V.Selvaraj High School, Thanjavur, from 27.11.1967.2. The facts of the case are that the fourth respondent School wasoriginally a co-education school. In the year 1979, nine male teachersof the School started an agitation against the management, by whichact, the strength of students reduced considerably. Therefore, duringJune 1981, the management took steps to convert the co-education schoolto that of a Girls High School and initiated action to seek permissionfor the same. In the meanwhile, during the year 1980, proceedings wereinitiated transferring the said Late Balan on the ground of surplusstaff of the School to George High School, Vishnupuram, ThanjavurDistrict, however, protecting his scale of pay and status. Accordingly,the Correspondent of George High School, Vishnupuram, issued anappointment order dated 15.12.1980. Based on which, the fourthrespondent School, by proceedings dated 17.12.1980, re-deployed thedeceased T.Balan and relieved him from duty w.e.f. 19.12.1980 enablinghim to join George High School w.e.f. 20.12.1980, without break ofservice. Challenging the same, an appeal was preferred by the deceasedT.Balan. Pending appeal, he filed a writ petition before this Court inW.P.No.1541 of 1982 which was disposed of on 6.9.1988 directing theJoint Director of school Education to dispose of the representationdated 24.12.1980. Accordingly, the appeal was disposed of dismissing iton the ground that his service was not satisfactory, by order dated16.11.1989, which was communicated to his legal heirs, viz., theappellants herein, on 20.12.1989.3. It is pertinent to note that the during the pendency of theproceedings, Thiru.T.Balan died on 8.9.1989. Therefore, the legal heirsfiled filed W.P.No.6081 of 1991 seeking to grant the terminal benefitsto which the deceased is entitled to from the date of his appointmenti.e. on 27.11.1967, till the date of his death i.e. on 8.9.1989. Butthe learned single Judge, on consideration of the facts andcircumstances of the case, and in view of the dismissal of the appealfiled by the deceased, by order dated 16.11.1989, granted the terminalbenefits for the period from 27.11.1967 to 19.12.1980 i.e. till the thedate of his transfer, instead of granting the same till the date of hisdeath. Aggrieved of the above, the writ appeal has been filed. https://hcservices.ecourts.gov.in/hcservices/

4. We have gone through the entire materials placed on record.Heard the learned counsel on either side.5. We have gathered an information from the counter affidavitfiled by the fourth respondent P.V.Selvaraj High School in W.P.No.6081of 1991, so as to interfere with the order passed by the learned singleJudge, wherein it has been stated admitting that the deceased T.Balanwas appointed as Tamil Pandit in their School on 27.11.1967 and due tosome gross agitation by nine male teachers during the year 1979, thestrength of students got decreased drastically in the year 1980.Therefore, they have taken steps to convert the co-education school tothat of a Girls High School and initiated action to obtain permission inthe month of June 1981. It is to be noted that even before theconversion of the above said co-education school to that of a Girls HighSchool, by order dated 17.12.1980 itself, the deceased T.Balan wastransferred on the ground of 'surplus' to George High School,Vishnupuram. Accordingly, the Correspondent of George High School hasgiven a fresh appointment by order dated 15.12.1980, as per theproceedings of the Chief Educational Officer, Thanjavur. The fourthrespondent P.V.Selvaraj High School, Thanjavur, by order dated17.12.1980, relieved him from duty w.e.f. 19.12.1980 to enable him tojoin the George High School, w.e.f. 20.12.1980, without break ofservice. Aggrieved by the above, he filed an appeal petition before theChief Educational officer, Thanjavur. Though reminders were made on5.1.1981, 10.3.1981 and also by a lawyer's notice seeking to dispose ofthe appeal petition, there was no response. Therefore, pending appeal,he filed a writ petition before this Court in W.P.No.1541 of 1982 whichwas disposed of on 6.9.1988 directing the Joint Director of SchoolEducation to dispose of the representation dated 24.12.1980.Ultimately, the appeal petition was dismissed by the appellateauthority, by order dated 16.11.1989, adding a new ground of casting astigma on Late T.Balan that his service was not satisfactory. 6. As seen from the counter affidavit filed by the fourthrespondent in W.P.No.6081 of 1991, it is clear that only due to theconversion of the co-education school to that of a Girls High School,steps were taken in June 1981, but even before which, he was made totransfer on the ground of 'surplus staff', by order dated 17.12.1980.7. But, quite surprisingly, the appellate authority, by order dated16.11.1989, added a new ground of dis-satisfaction of the work by LateT.Balan, which cannot at all be accepted. The new ground attributedwhile disposing of the appeal is quite contrary to law, when there areno reasons assigned by the fourth respondent School in his counteraffidavit. Moreover, for the first time, at the time of disposal of theappeal, this allegation was made against the said Late T.Balan.Therefore, we are not satisfied with the reasons assigned for thedismissal of the appeal petition by the appellate authority in his orderdated 16.11.1989, which is quite contrary to law, as it has been statedin the counter affidavit filed by the fourth respondent that only to the https://hcservices.ecourts.gov.in/hcservices/ conversion of the co-education school to that of a Girls High School,the order of transfer was effected by the Correspondent of P.V.SelvarajHigh School. Therefore, it can be said that only to benefit theCorrespondent of P.V.Selvaraj High School, the 4th respondent herein, theentire proceedings were initiated by the Chief Educational Officer,including the order of the appellate authority. Therefore, the impugnedorders dated 15.12.1980, 17.12.1980 and 16.11.1989 are liable to be setaside and accordingly they are set aside. In view of the same, thedeceased is deemed to be in service till the date of his death i.e. on8.9.1989 and his legal heirs, viz., the appellants herein are entitledto the service benefits as well as the terminal benefits from 27.11.1967to 8.9.1989 i.e. from the date of his original appointment till the dateof untimely death of the deceased T.Balan.8. From the above discussions, it is crystal clear that thedeceased T.Balan was subjected to both physical and mental agony andmade to approach this Court twice by way of writ petitions. Therefore,in the interest of justice, we consider it appropriate that the legalheirs of the deceased, viz., the appellants herein are entitled to aninterest at 8% per annum on the service benefits as well as the terminalbenefits with from 27.11.1967 to 8.9.1989 i.e. from the date of hisoriginal appointment till the date of the death of the deceased T.Balan.The writ appeal is allowed in the above manner. No costs.Sd/Asst.Registrar/true copy/Sub Asst.Registrargs.To1. The Director of School Education, College Road, Nungambakkam, Chennai.600 006.2. The Joint Director (Secondary)of School Education, College Road, Chennai.600 006.3. The Chief Educational Officer, Thanjavur.1 cc to the Govt. Pleader, SR.No.17203KSK (CO)MMP 3.4.08 W.A. No.1364 of 2001