1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.7369 of 2011 and M.P.(MD)Nos.1 to 3 of 2011 A.Karunakarapandian : Petitioner Vs. 1.The Joint Director (Higher Secondary Education) College Road,DPI Compound,Chennai – 6. 2.The District Educational Officer, Tuticorin Educational District, Tuticorin. 3.S.C.Sekar : Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records relating to the impugned proceedings of the 1st respondent in Na.Ka.No.032080/W4/E1/2001, dated 28.06.2001 in respect of the direction given by the 1st respondent to the 2nd respondent to take necessary steps for the approval of the 3rd respondent as Secretary of the School and quash the same as illegal. For petitioner : Mr.Arul Vadivel Sekar For R1 & R2 : Mr.S.Chandrasekar Government Pleader ORDER Assailing the impugned order on the ground that there is an ambiguity in the order of the Joint Director (Higher Secondary Education), Chennai, dated 28.06.2011, in that, it gives an impression that payment of salary directed to be made from March 2011 to the teaching and non-teaching staff, by the District Educational Officer, Tuticorin Educational District, Tuticorin, should be made through S.C.Sekar, the erstwhile Secretary, whose tenure of Secretaryship had ended on 15.03.2011. He further contended that when the District Educational Officer, Tuticorin, has recommended, vide his proceedings, dated 03.06.2011, for direct payment, the first respondent has no right in ordering payment to teaching and non-teaching staff through the second respondent. According to him, if payment is made through erstwhile Secretary, it would be amounting to impliedly approving his Secretaryship, despite a criminal complaint, pending investigation against the 3rd respondent for financial irregularities of school funds and the suit filed the petitioner. On these grounds, the petitioner has challenged the impugned order. 2.Considering the limited relief sought for in the writ petition and in the interest of teaching and non-teaching staff, who have not https://hcservices.ecourts.gov.in/hcservices/ 2 been paid salary from March 2011 onwards, Mr.S.Chandrasekar, learned Government Advocate, was put on notice and heard. He submitted that as the civil suit in O.S.No.49 of 2011 is pending on the file of the Principal District Munsif, Tiruchendur, legal opinion has been sought for from the learned Government Counsel and that after passing orders on the proposal for approval of the Secretaryship, payment of salary would be considered. His submission is placed on record. 3.A perusal of the impugned order shows that the Secretaryship of S.C.Sekar, Secretary of Kamaraj High School Nalumavadi, Tuticorin District, has expired on 15.03.2011 and that proposals have been sent for approval of extension. When the proposals for approval are pending consideration before the District Educational Officer, Tuticorin and salary has not been paid to the teaching and non-teaching staff from March 2011 onwards. The petitioner has also filed a suit in O.S.No.49 of 2011 on the file of the learned Principal District Munsif Court, Tiruchendur, for a declaration, declaring that the 3rd respondent is not qualified to hold the post of Secretary of Kamaraj High School, Nalumavadi and therefore, approval of his Secretaryship for the period from March 2011 to March 2014 should not be granted. A relief of permanent injunction has also been sought for. 4.A perusal of the impugned order further shows that though an interlocutory application has been filed for an interim injunction in O.S.No.49 of 2011, no orders have been passed and in the above said circumstances, the District Educational Officer, Tuticorin, the 2nd respondent herein, has sought permission from the Joint Director (Higher Secondary Education), Chennai, for direct payment. 5.Reference is also made in the impugned order that in the plaint averments, the petitioner has stated about a criminal complaint, lodged against the petitioner, one Mr.Prakash, regarding financial irregularities committed by the petitioner of the school funds. In these circumstances, the District Educational Officer, the 2nd respondent herein, has not taken action on the proposals for approval of the Secretaryship. After conducting an enquiry, the Joint Director (Higher Secondary Education), Chennai, the 1st respondent herein, has directed the District Educational Officer, Tuticorin, the 2nd respondent herein, to consider the proposals for approval of the Secretaryship and pass appropriate orders in accordance with the provisions of the Tamil Nadu Recognized Private Schools Regulation Act and Rules framed thereunder and further directed the 2nd respondent to pay the salary to the teaching and non-teaching staff of the above-said school, who were not paid salary from March 2011 onwards and further directed the 2nd respondent to send report about the payment made to the staff. 6.In addition to the above, the 1st respondent herein has further stated that if any advise is required regarding approved of Secretaryship, the 2nd respondent may obtain a legal opinion from the learned Government Counsel. 7.Heard the learned Counsel for the parties and perused the material on record. There is no ambiguity in the order. 8.According to this Court, the Joint Director (Higher Secondary Education) Chennai, has made it clear that the payment of salary to the https://hcservices.ecourts.gov.in/hcservices/ 3 teaching and non-teaching staff should be made within 3 days from the date of the impugned order and that after making payment, the District Educational Officer has to report immediately. The outer time limit within which the payment has been directed to be made to the teaching and non-teaching staff of the above-said school, shows that the main concern of the Joint Director (Higher Secondary Education), Chennai, is that the interest of the teachers, who were not paid salary from March 2011 onwards should not be affected, merely because the District Educational Officer, Tuticorin, the 2nd respondent, was not in a position to take any decision on the proposal for extension of secretaryship. 9.In the light of the above facts, it is for the District Educational Officer, Tuticorin, the 2nd respondent herein, to take a appropriate decision as to whether the proposal for extension of secretaryship should be approved or not. It is not necessary that only after approval of the secretaryship, payment of salary should be made. Considering the specific directions regarding the payment to the teaching and non-teaching staff within a period of three days, the District Educational Officer, Tuticorin, the 2nd respondent herein, can even make the payment directly to the teachers as done in the case of direct payment. It is also made clear that any payment made directly to the teachers, not through the Secretary, can be taken advantage by the petitioner, to contend that as direct payment is made, the Secretary has no right for extension of approval or for the matter, this court has accepted the objections for continuation of the Secretaryship. The District Educational Officer, Tuticorin, the 2nd respondent herein, can adopt to any one of the above. But at the same time, while considering the proposal for approval of the secretaryship, it is the bounden duty of the District Educational Officer, Tuticorin, the 2nd respondent herein, to consider as to whether the decision taken in this regard would serve the best interest of the institution, students, teaching and the non-teaching staff. 10.Therefore, the District Educational Officer, Tuticorin, the 2nd respondent herein, is directed to take appropriate decision, in the light of, what is stated supra. 11.With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Deputy Registrar(Accounts) /TRUE COPY/ Assistant Registrar To 1.The Joint Director (Higher Secondary Education) College Road,DPI Compound, Chennai – 6. 2.The District Educational Officer, Tuticorin Educational District, Tuticorin. +1cc to The Special Government Pleader SR.No.22198 order in W.P.(MD).No.7369 of 2011 07.07.2011 er PA/08.07.2011/3P/4C(IT) https://hcservices.ecourts.gov.in/hcservices/