M.G.Kannan @ P.G.S.KannanB.P.Chali Gardens,Kurinji Nagar,Dokkubothanahalli Post-636 807,Via: Nallampalli,Dharmapuri District v. Director of School Education,Chennai-6

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 21-07-2009CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENWrit Petition No.1541 of 2009 andM.P.No.1 of 2009M.G.Kannan @ P.G.S.KannanB.P.Chali Gardens,Kurinji Nagar,Dokkubothanahalli Post-636 807,Via: Nallampalli,Dharmapuri District... Petitioner.Versus1.Director of School Education,Chennai-6.2.Chief Educational Officer,Dharmapuri District, Dharmapuri... Respondents.Prayer: Petition filed seeking for a writ of Certiorarified Mandamus,calling for the records pertaining to the order passed by the 1strespondent in his proceedings O.Mu.No.117682/C3/E2/07, dated14.01.2008, and Na.Ka.No.76129/C3/E2/2008, dated 10.9.2008, and quashthe same and direct the respondents to permit the petitioner tocontinue as Secretary of Vallalar Illam, bearing Regn.No.5/67 tillthe disposal of the litigation and decision is arrived with referenceto the office of the Secretaryship of Vallalar Illam, bearingRegn.No.5/67 by the Government.For Petitioner : Mr.C.Selvaraj Senior Advocate for Mr.S.ManiFor Respondents : Ms.Dakshayani Reddy Government Advocate O R D E RHeard the learned counsel appearing for the petitioner and thelearned Government Advocate appearing for the respondents.2. By consent of the parties, the writ petition is taken up forfinal hearing and disposal. https://hcservices.ecourts.gov.in/hcservices/

3. It has been stated that the petitioner is the Secretary ofVallalar Illam, which is a registered Society, formed by the fatherof the petitioner, in the year, 1967. The said Society hasestablished various self-financing, educational and philanthropicinstitutions. The petitioner is one of the nine members of VallalarIllam, which is the educational agency for the various educationalinstitutions run by the said Society. The petitioner has been amember of the Society from the year, 1986 and in the year, 1992, hehas been elected as its Secretary and he is continuing as such, tilldate. Thereafter, various disputes had arisen, with regard to thesecretaryship of the Society and its functions. As a result of thedisputes, writ petitions have been filed before this Court, inW.P.Nos.20051, 28544 and 34949 of 2007. This Court had passed finalorders in the writ petitions, by a common order, dated 22.12.2008,with certain directions. Writ appeals were filed in W.A.Nos.51 to 53of 2009, before the first Bench of this Court and by an order, dated8.6.2009, this Court had passed the following order:"Heard Mr.V.Raghavachari, learned counsel appearing onbehalf of the appellant, Mr.C.Selvaraju, learned SeniorCounsel appearing on behalf of the contesting respondent,viz., the 2nd respondent in W.A.No.51 of 2009, and Mr.J.RajaKalifulla, the learned Government Pleader representingother respondents viz., Government Authorities.2. The appellant and the contesting respondent arebrothers, and they are clamoring for the control of aschool administration. A Division Bench of this Court heardthis matter on 12th January, 2009 and in its order directedthe Chief Educational Officer, Dharmapuri to appoint aGovernment Official as Administrator to run the educationalinstitution.3. An appeal concerning the controversy is pendingbefore the Secretary to Government, Commercial TaxesDepartment.4. Both the learned counsel are very fair and graciousto agree that the said appeal be posted for hearing at anearly date, and in the meanwhile, the Government officialappointed by the Chief Educational Officer, Dharmapuri willcontinue to run the administration of the school. Thelearned Government Pleader agrees that the pending appealwill be heard and disposed of within six weeks, afterhearing the appellant as well as the contesting respondent.Both the appellant and the contesting respondent willcomplete their pleadings before the Appellate Authoritywithin two weeks and may place whatever material they want https://hcservices.ecourts.gov.in/hcservices/ to place before the Appellate Authority within two weeksfrom today. The Appellate Authority shall decide the appealand pass a reasoned order, in accordance with law, withinsix weeks thereafter. Meanwhile, the officer so appointedby the Chief Educational Officer, Dharmapuri would continueto run the administration of the school concerned. With theabove directions, the writ appeals are disposed of. Nocosts. Consequently, connected Miscellaneous petitions areclosed."4. It has been further stated that in the meanwhile, thepetitioner had been selected and appointed as a B.T.Assistant,through the Teacher's Recruitment Board and he has been posted in theGovernment Higher Secondary School, Athiyamankottai, DharmapuriDistrict. The petitioner had taken charge of the post, on 3.10.2007.Since he was only a Honorary Secretary of the Society and as he wasnot receiving emoluments he had requested the authorities of theEducation Department to permit him to continue as its Secretary.However, his request had been rejected by the first respondent, byhis order, dated 14.1.2008. The appeal preferred against the saidorder had also been rejected by the second respondent, on 10.9.2008.In such circumstances, the petitioner has preferred the present writpetition before this Court, under Article 226 of the Constitution ofIndia. 5. A counter affidavit has been filed on behalf of the secondrespondent stating that, as per Rule 8(1)(b) of the GovernmentServants Conduct Rules, 1973, a person who gets appointed in theGovernment Service should not be in any other service, either in theservice of the Government or in the private sectors, nor would he beentitled to do any social work, which would affect his Governmentservice. Since he has been appointed as a B.T.Assistant Teacher inthe Government Higher Secondary School, in Dharmapuri District, hiscontinuance in the post of Secretary of the Society would adverselyaffect the interests of the students. As such, the first respondenthas issued the impugned orders rejecting the petitioner's request tocontinue as the Secretary of the Society, namely, Vallalar Illam. 6. At this stage of the hearing of the writ petition, thelearned counsel appearing on behalf of the petitioner had submittedthat the petitioner undertakes to resign from the post of Secretaryof the Society and hand over charge, within one week from the date ofthe passing of final orders by the appellate authority, as directedby the First Bench of this Court, by its order, dated 8.6.2009, madein W.A.Nos.51 to 53 of 2009. 7. The learned counsel appearing on behalf of the respondentshad submitted that in view of the undertaking given by the petitionerthe respondents would not implement the impugned orders of the first https://hcservices.ecourts.gov.in/hcservices/ respondent, in his proceedings, in Omu.No.117682/C3/E2/07, dated14.01.2008, and Na.Ka.No.76129/C3/E2/2008, dated 10.9.2008, tillfinal orders are passed by the appellate authority, as directed bythe First Bench of this Court, by its order, dated 8.6.2009 and for aweek thereafter, to enable the petitioner to resign from the post ofSecretary of the Society.8. In view of the submissions made by the learned counselappearing for the petitioner, as well as the respondents, as nofurther orders are necessary in the present writ petition, the writpetition stands closed. No costs. Consequently, connected writpetition miscellaneous petition is closed. Sd/- Asst.Registrar/true copy/ Sub Asst.RegistrarcshTo1.Director of School Education,Chennai-6.2.Chief Educational Officer,Dharmapuri District, Dharmapuri.+1 cc to Mr.S.Mani, Advocate, SR.No.332481 cc To The Government Pleader, SR.33049Writ Petition No.1541 of 2009KJI {CO}TP/12.8.2009.