C. Selvi vs V. Subramaniam The Hindu Primary School, The District Elementary Education Officer and The Additional Assistant Elementary Educational Officer

Vinod K. Sharma, J.—The Petitioner prays for issuance of a writ in the nature of Mandamus, directing the Respondent No. 3 and 4 to

initiate proceedings u/s 12 and 47 of the Tamil Nadu Recognized Private Schools Act, r/w Section 17(3)(1) an Annexure III(ii) of the rules against

the Respondents 1 and 2 for having failed to release the salary and other benefits due to the Petitioner,as ordered by this Court.

The Petitioner filed W.P. No. 1855 of 2006, praying for the issuance of a writ in the nature of Prohibition restraining the Respondents from

proceeding with the disciplinary proceedings without formation and sanction of duly constituted School Committee, as contemplated u/s 15 to 18

r/w Rule 12 to 14 of the Tamil Nadu Recognized Private Schools Regulation Act, 1973 as Rules 1974 therein.

The Writ Petition was finally disposed of passing the following operative portion, which reads as under:

In view of the same, the Respondents 1 and 2 are directed to make entries in the Service Register from 16.03.2005 till the Petitioner is relieved

from the first Respondent school on 17.11.2006. The entries shall be made by the Respondents 1 and 2 in the appropriate place in the Petitioner''s

service Register within a period of two weeks and the same shall be forwarded to the fifth Respondent within a period of one week from there

after. The fourth Respondent is directed to sanction the amount payable to the Petitioner including,the salary from17.11.2006 with in a period of

two weeks there after. In any entires are not properly made by the first Respondent, it is open to the Petitioner to challenge the same under

separate proceeding. The Writ Petition is ordered accordingly. No. costs. Consequently,connected Miscellaneous Petitionis closed.

The case of the Petitioner is that as he had objected to the illegal admission of student, she was beaten up against which FIR stands registered,

and that the Petitioner was also admitted to the hospital.

The Petitioner thereafter filed another W.P. No. 9232 of 2006, seeking transfer from the school. The departmental proceedings initiated against

the Petitioner were dropped and she was relieved from duty w.e.f. 30.11.2006 for joining the school where she stood transferred.

The writ Petition filed by the Petitioner for transfer was dismissed with liberty to the Petitioner to make a request to the department for transfer

to some nearby school.

The case of the Petitioner set up in this Writ Petition is that in spite of specific directions referred to herein above, the Respondent school has not

released the salary due to the Petitioner by taking effective steps to approach the department for the release of grant-in-aid for payment to the

Petitioner.

The stand taken by the Respondent/school, is that as the Petitioner was under suspension he was only entitled to subsistence allowance.

This stand is totally misconceived. Once the departmental proceedings were dropped, thus the salary canot be denied, specially in view of the

order passed by this Court in W.P. No. 1855 of 2006.

It is the case of the Respondent that the District Elementary Educational Officer has rejected the claim of the Petitioner. No. such order was

conveyed to the Petitioner by the Management, nor any order is attached with counter. Therefore, No. judicial notice can be taken of an order

which was kept secret by the Respondent, as order becomes operative only on service.

In any case, it was the duty of the management to challenge the said order, as the order is patently illegal. After the dropping of the

departmental proceedings, the District Elementary Educational Officer had No. right to pass such an order to deny the benefits of salary to an

employee.

The fact stated above clearly shows that the management of the school is harsh to the Petitioner and not acted fairly which has forced the

Petitioner to file this Writ Petition.

The Writ Petition is allowed and a writ in the nature of Mandamus is issued directing the official Respondents to initiate proceedings u/s 12 and

47 of the Tamil Nadu Private Schools Act r/w Rule 17 3(1) and Annexure III(ii) of the Rules,on account of the failure of the management to pay

the salary to the Petitioner inspite of specific directions by this Court, so that the order of this Court is implemented in letter and spirit. The

contention of the Petitioner that the service register has not been correctly entered deserves to be rejected, as No. prayer for quashing of the

entries made in Service Register is made nor the Service Register has been placed before this Court. In absence of impugned order, this Court

cannot issue any order in the nature of certiorari, as prayed by the Petitioner at the time of arguments. The entries in service register therefore are

upheld. No. costs.