IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 21-07-2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1541 of 2009 and M.P.No.1 of 2009 M.G.Kannan @ P.G.S.Kannan B.P.Chali Gardens, Kurinji Nagar, Dokkubothanahalli Post-636 807, Via: Nallampalli, Dharmapuri District. .. Petitioner. Versus 1.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 1st respondent in his proceedings O.Mu.No.117682/C3/E2/07, dated 14.01.2008, and Na.Ka.No.76129/C3/E2/2008, dated 10.9.2008, and quash the same and direct the respondents to permit the petitioner to continue as Secretary of Vallalar Illam, bearing Regn.No.5/67 till the disposal of the litigation and decision is arrived with reference to the office of the Secretaryship of Vallalar Illam, bearing Regn.No.5/67 by the Government. For Petitioner : Mr.C.Selvaraj Senior Advocate for Mr.S.Mani For Respondents : Ms.Dakshayani Reddy Government Advocate O R D E R Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 2. By consent of the parties, the writ petition is taken up for final hearing and disposal. https://hcservices.ecourts.gov.in/hcservices/ 3. It has been stated that the petitioner is the Secretary of Vallalar Illam, which is a registered Society, formed by the father of the petitioner, in the year, 1967. The said Society has established various self-financing, educational and philanthropic institutions. The petitioner is one of the nine members of Vallalar Illam, which is the educational agency for the various educational institutions run by the said Society. The petitioner has been a member of the Society from the year, 1986 and in the year, 1992, he has been elected as its Secretary and he is continuing as such, till date. Thereafter, various disputes had arisen, with regard to the secretaryship of the Society and its functions. As a result of the disputes, writ petitions have been filed before this Court, in W.P.Nos.20051, 28544 and 34949 of 2007. This Court had passed final orders 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 53 of 2009, before the first Bench of this Court and by an order, dated 8.6.2009, this Court had passed the following order: "Heard Mr.V.Raghavachari, learned counsel appearing on behalf of the appellant, Mr.C.Selvaraju, learned Senior Counsel appearing on behalf of the contesting respondent, viz., the 2nd respondent in W.A.No.51 of 2009, and Mr.J.Raja Kalifulla, the learned Government Pleader representing other respondents viz., Government Authorities. 2. The appellant and the contesting respondent are brothers, and they are clamoring for the control of a school administration. A Division Bench of this Court heard this matter on 12th January, 2009 and in its order directed the Chief Educational Officer, Dharmapuri to appoint a Government Official as Administrator to run the educational institution. 3. An appeal concerning the controversy is pending before the Secretary to Government, Commercial Taxes Department. 4. Both the learned counsel are very fair and gracious to agree that the said appeal be posted for hearing at an early date, and in the meanwhile, the Government official appointed by the Chief Educational Officer, Dharmapuri will continue to run the administration of the school. The learned Government Pleader agrees that the pending appeal will be heard and disposed of within six weeks, after hearing the appellant as well as the contesting respondent. Both the appellant and the contesting respondent will complete their pleadings before the Appellate Authority within two weeks and may place whatever material they want https://hcservices.ecourts.gov.in/hcservices/ to place before the Appellate Authority within two weeks from today. The Appellate Authority shall decide the appeal and pass a reasoned order, in accordance with law, within six weeks thereafter. Meanwhile, the officer so appointed by the Chief Educational Officer, Dharmapuri would continue to run the administration of the school concerned. With the above directions, the writ appeals are disposed of. No costs. Consequently, connected Miscellaneous petitions are closed." 4. It has been further stated that in the meanwhile, the petitioner had been selected and appointed as a B.T.Assistant, through the Teacher's Recruitment Board and he has been posted in the Government Higher Secondary School, Athiyamankottai, Dharmapuri District. 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 was not receiving emoluments he had requested the authorities of the Education Department to permit him to continue as its Secretary. However, his request had been rejected by the first respondent, by his order, dated 14.1.2008. The appeal preferred against the said order had also been rejected by the second respondent, on 10.9.2008. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India. 5. A counter affidavit has been filed on behalf of the second respondent stating that, as per Rule 8(1)(b) of the Government Servants Conduct Rules, 1973, a person who gets appointed in the Government Service should not be in any other service, either in the service of the Government or in the private sectors, nor would he be entitled to do any social work, which would affect his Government service. Since he has been appointed as a B.T.Assistant Teacher in the Government Higher Secondary School, in Dharmapuri District, his continuance in the post of Secretary of the Society would adversely affect the interests of the students. As such, the first respondent has issued the impugned orders rejecting the petitioner's request to continue as the Secretary of the Society, namely, Vallalar Illam. 6. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that the petitioner undertakes to resign from the post of Secretary of the Society and hand over charge, within one week from the date of the passing of final orders by the appellate authority, as directed by the First Bench of this Court, by its order, dated 8.6.2009, made in W.A.Nos.51 to 53 of 2009. 7. The learned counsel appearing on behalf of the respondents had submitted that in view of the undertaking given by the petitioner the 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, dated 14.01.2008, and Na.Ka.No.76129/C3/E2/2008, dated 10.9.2008, till final orders are passed by the appellate authority, as directed by the First Bench of this Court, by its order, dated 8.6.2009 and for a week thereafter, to enable the petitioner to resign from the post of Secretary of the Society. 8. In view of the submissions made by the learned counsel appearing for the petitioner, as well as the respondents, as no further orders are necessary in the present writ petition, the writ petition stands closed. No costs. Consequently, connected writ petition miscellaneous petition is closed. Sd/- Asst.Registrar /true copy/ Sub Asst.Registrar csh To 1.Director of School Education, Chennai-6. 2.Chief Educational Officer, Dharmapuri District, Dharmapuri. +1 cc to Mr.S.Mani, Advocate, SR.No.33248 1 cc To The Government Pleader, SR.33049 Writ Petition No.1541 of 2009 KJI {CO} TP/12.8.2009. https://hcservices.ecourts.gov.in/hcservices/