IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 22.4.2008 Coram: The Honourable Mr.Justice P.K. MISRA and The Honourable Mr.Justice K.CHANDRU W. P. Nos. 18727 of 2001, 29158 of 2002, 35442 of 2004, 32200 of 2005, 3013 to 3024 of 2006 and 37775 of 2007 and W.P.M.P. Nos. 47473 of 2002 in W.P. No. 29158 of 2002 and 14794 of 2005 W.P. No. 18727 of 2001: Dr. S. Ching Chyang Ching ... Petitioner in W.P.Nos.18727/01, 35442/04, 32200/05, 3013 to 3016 of 2006, 3022 to 3024/06 and 37775 of 2007 and 1st Respondent in W.P.No.29158/2002 Cause title of the 2nd Respondent amended as per order of Court dt.20.12.01 in W.P.M.P.35471/2001 The Director of Elementary Education, DPI Complex, College Road, Chennai – 6 ..Petitioner in W.P.No.29158 of 2002 -vs- 1. The Registrar Tamil Nadu Administrative Tribunal Chennai 2. The Director of Elementary Education Chennai ... Respondents in W.P.No.18727/01 Mr.Dr.S.Chandrasekaran ... Petitioner in W.P.3017/06 to 3021/06 cause title amended as per order of Court dated 10.11.2000 in MA.8072 to 8078/2000 https://hcservices.ecourts.gov.in/hcservices/ 1.Dr.S.Ching Chyang Ching 2.The Registrar, Tamil Nadu Administrative Tribunal Chennai – 104. ..Respondents in WP.No.29158 of 2002 The Joint Director of School education(Personnel) Chennai-600 006. ..Respondent in WP.No.35442 of 2004 The Director of Elementary Education, college Road, chennai-6. The Director of School Education, college Road, chennai-6. .. Respondents in WP.32200 of 2005 1.The Commissioner and Special Secretary to Government, Education Department Secretariat, Madras-9. 2.The Director of School Education,Madras-6. 3.The Joint Director of School Education(Higher Secondary) Directorate of School Education, Chennai-6. ..Respondents in WP.3013 of 2006 3rd Respondent impleaded as per order of court dated 09/11/99 in MA.6582/99 1. The commissioner and special secretary to Government, Education Department,Secretariat, Madras-9. 2. The Director of School Education,Madras-6. 3. The Director of Elementary Education, Madras-6. 4. The Chief Educational Officer, Villupuram. 5. The District Elementary Educational Officer, Villupuram. ..Respondent in WP.3014 of 2006 1.The Commissioner and Special Secretary to Government Education Department, Secretariat, Chennai – 9 2.The Director of Elementary Education Madras – 6 https://hcservices.ecourts.gov.in/hcservices/ 3.The District Elementary Educational Officer,Villupuram ...Respondents in W.P.No.3015/2006 1.The Commissioner and Special Secretary to Government Education Department, Secretariat, Chennai – 9 2.The Director of School Education Madras – 6 3.The Director Elementary Educational Officer,Madras-6. ... Respondents in W.P.No.3016/2006 1.The Commissioner and Special Secretary to Government Education Department, Secretariat, Chennai – 9 2.The Director of Elementary Education Madras – 6 3.The Director of School Education, Chennai – 6 4.The Registrar, Tamilnadu Administrative Tribunal, Chennai – 600 104 ...Respondents in W.P.No.3017/2006 The Joint Director of School Education(Personnel), Chennai – 6 ...Respondents in W.P.No.3018/2006 1.The State of Tamilnadu represented by its Education Secretary (School Education Department),Secretariat, Chennai – 9 2.The Director Elementary Educational Officer,Chennai -6. ...Respondents in W.P.No.3019/2006 1.The Secretary to Government (School Education Dept) Secretariat Chennai – 600 009. 2.The Joint Director of School Education(Personnel) Chennai – 600 006. 3.The Director of Elementary Education, Chennai – 600 006 ...Respondents in W.P.No.3020/2006 https://hcservices.ecourts.gov.in/hcservices/ 1. The Director of School Education, Chennai –6 2. The Chief Education Officer, Villupuram ...Respondents in W.P.No.3021/2006 1.The Director of Elementary Eduation, Chennai -6. 2.The Joint Director of School Education(Personnel) Chennai – 600 006. 3.The Assistant Elementary Education Officer, Vikravandi ...Respondents in W.P.No.3022/2006 1.The Joint Director of School Education(Personnel) Chennai – 600 006. 2.The Director of Elementary Education, Chennai – 600 006 ...Respondents in W.P.No.3023/2006 1.The Director of School Education, Chennai -6. 2.The Joint Director of School Education (Higher Secondry) Chennai – 600 006. 3.The Chief Education Officer, Villupuram – 605 602 ...Respondents in W.P.No.3024/2006 1.The State of Tamilnadu represented by its Education Secretary (School Education Department), Secretariat, Chennai – 9 2. The Director of School Education, Chennai - 6 ...Respondents in W.P.No.37775/2006 Petition under Article 226 of the Constitution of India praying to issue a writ of Mandamus (1) directing the Tribunal to hear all his 14 final hearing and the part-heard cases posted on 13.8.2001 only after clearance of the subsistence allowance arrear at 75% of pay for the period from 15.9.1995 till date (as ordered by the Tribunal on 29.6.2001 in O.A. No. 4096 of 2001) Director of Elementary Education, Chennai. (in W.P.No.18727/01) 2.calling for the records relating to the order dated 29.6.2001 in O.A.No.4096/01 on the file of the Hon'ble Tamilnadu Administrative https://hcservices.ecourts.gov.in/hcservices/ Tribunal, Chennai, the 2nd Respondent herein and quash the same.(in W.P.No.29158 of 2002) 3.directing the respondent to send the petitioner to the District Medical Board Cuddalore forthwith for getting necessary medical opinion with regard to skull fracture and writers cramp to give the appropriate posting order as already directed by the Hon'ble Tamilnadu Administrative Tribunal, Chennai – 104 in its order in O.A.No.3198/97 pronounced on 10.11.99 and consequently regularise the period from 7.6.04 till the date of receiving the medical opinion from the board as duty period with full service attendant benefits (in W.P.No.35442 of 2004) 4.to direct the respondents to revoke the applicants suspension order dated 2.3.95 immediately and properly, reinstate him to duty forthwith preferably in the Chennai City on Medical /Personal / legal grounds and consequently regularise the entire spell of period from 2.3.1995 to 8.11.2001 as duty period with full consequential attendant service benefits and the period from 9.11.2001 till the date of receiving appropriate posting order from R1 or R2 as compulsory wait period (in W.P.No.32200 of 2005) 5.to call for the entire records pertaining to proceedings of the Director of School Education relating to the promotion of PG (Commerce) Assistants for the year 96-97 probably issued in I week of november 96 and give suitable direction to the respondents to promote him as PG Assistant (Commerce) in the Tamilnadu Higher Secondary service or lecturer, educational technology division in the District Institute of Education and Training with retrospective effect (November 96) or to any other post (carrying PG Assistant scale of pay) involving less writing work and more supervisory) practical skill taking into consideration his physical disability known as 'Writer Cramp' Confirmed by the District Medical Board, Cuddalore on 9.6.93 and the civil surgeon of the government Hospital, Tindivanam on 6.10.96 (in WP No.3013 of 2006) 6.Direct the respondents to grant a minimum annual interest of eighteen percent for the salary arrear already ordered by Hon'ble Tribunal in OA 2389/95 on 26.2.97 and also reimburse to the applicant a sum of Rs.20,000/- only spent by him towards his litigation before the Hon'ble Chennai High Court and the Hon'ble Tamil Nadu Administrative Tribunal, Chennai 104 (in WP 3014 of 2006) 7.to direct the respondents to grant an advance increment to the applicant w.e.f.1.11.92 and disburse the consequential arrear for the period from 1.11.92 till date with annual interest of 18% for the delayed payment of arrear plus of Rs.1000/- towards the court expenses incurred by the applicant. (in WP No.3015 of 2006) https://hcservices.ecourts.gov.in/hcservices/ 8.Directing the respondents to sanction a third incentive (fifth and sixth advanced increment) to the applicant w.e.f. The day following the last day of the M.Com degree examination passed by him in June 89 by judiciouly reviewing the G.O.Ms.No.1023 dated 9.12.93 with the spirit of social justice and as consolation for not providing any promotional opportunity to the applicant for a quarter of a entry. (in WP No.3016 of 2006) 9.direct the second respondent to give order of the revocation of suspension in RC No.5566/EKI/95 dated 15.9.95 of the second respondent and direct the 1st respondent to immediately reinstate the applicant in a job in the P.G.Assistant Cadre involving less writing and more supervising nature and finally regularise the period from 15.9.95 to 15.10.97 as duty period with consequential attendant benefits. (W.P.No.3017 of 2006) 10.Set aside the impugned proceedings in RC No.25363/C1/97 dated 13.5.97 of the respondent direct him to post the applicant forthwith as Deputy Inspector of School and consequently regularise the spell of period from 1.10.95 onwards as duty period with consequential attendant benefits (in W.P.3018 of 2006) 11.to quash the proceedings in R.C.No.44154/EK2/97 dt.27.11.97 of DEE, Chennai – 6 enclosing the impugned true copy of the suspension revocation order in R.C No.5566/EK1/95 dated 15.9.1995 of the Director of Elementary Education, direct the Respondent to serve forthwith the legally valid and correct suspension revocation order to the applicant and consequently regularise the spell of period from 15.9.95 to 31.10.98 as compulsory wait period or duty period as this is the period of administrative delay being caused by the second respondent to serve the appropriate legally valid suspension revocation order to the applicant and record his acknowledgment as proof for completion of service (the period between the date of decision to revoke suspension and the actual date of serving the order of revocation. (in W.P.No.3019 of 2006) 12.to set aside the order in the proceedings of the Joint Director of School Education (Personnel) Madras-6 in his R.C.No.74866/C20/C5/95 dt.9.10.98 direct the respondents to post the applicant as AEO or Deputy Inspector of School taking into consideration the District Medical Boards opinion dt.9.6.93 and sub rule 3 of the Rule 10 of the Tamilnadu Fundamental Rules and consequently regularise the period from 15.9.95 to 15.12.98 as duty period with consequential attendant service benefits (in W.P.No.3020 of 2006) 13.Directing the respondents to include the applicants name in the panel (1.1.99) for promotion as P.G.Assistant of High School, Head Master during the year 1998-99 without any prejudice to the further order to be passed by the Hon'ble Tribunal in O.A.No.7224/97 dt.10.9.97 and O.A.10041/98 dt.4.12.98 and also pending disposal of https://hcservices.ecourts.gov.in/hcservices/ O.A.680/97 dt.26.1.97 in (W.P.3021 of 2006) 14.to set aside the order in his proceedings No.41352/EK2/95 (2) dated 29.4.99 of the Director of Elementary Education, Chennai- 6 direct the respondents to pay the applicant the subsistence allowance at the rate of 75% of pay from 15.9.95 to 29.2.2000 with 12% simple annual interest revising the scale of pay from 1.1.96 onwards, with increments on 1.10.95, 1.10.96,1.10.97 1.10.98 and 1.10.99 and consequently direct to issue a fresh order of revocation of suspension and revised posting order in accordance with medical opinion dated 24.11.99 and 27.11.99 (in W.P.No.3022 of 2006) 15.call for the records set aside the impugned order in Rc.No.118247/C3/C20/2000 dated 8.11.2000 and 29.12.2000 of the first respondent and direct the respondents to reinstate the applicant as Deputy Inspector of Schools in the city of chennai on medical grounds and consequently regularise the period from 11.8.2000 onwards till 15.2.2001 as duty period or compulsory wait period (in W.P.No.3023/06) 16.to direct the respondents to promote the applicant as P.G.Assistant (Commerce)in the Tamilnadu Higher Secondary service or its equivalent posts with retrospective effect from 13.6.89 with full monetary benefits within a month from today following the quashing of the charge memo in Rc.No.36352/C1/86 of the CEO of the erstwhile South Arcot District, Cuddalore in O.A.8077/97 by this Hon'ble Tribunal on 28.4.2000 ( in W.P.No.3024/06) 17.directing the first respondent to take steps to extend the service of the petitioner upto 65 years / 60 years or take steps to dispose all the pending cases of the petitioner within a reasonable time or transfer these cases to the arbitration and Conciliation body for an early settlement (in W.P.No.37775/07) For Petitioner : Party-in-person For Respondents : Mr. S. Rajasekar, Spl. GP COMMON ORDER Heard the arguments of the petitioner, who appeared in person, and Mr. S. Rajasekar, learned Additional Government Pleader (Education) representing the official respondents and have perused the records. 2. The petitioner in all these writ petitions is the same person who was appearing in person. When the first batch of cases was listed, it was heard on 21.02.2008. Thereafter, the petitioner mentioned the pendency of some other writ petitions and they were https://hcservices.ecourts.gov.in/hcservices/ directed to be listed on 26.02.2008. The petitioner was also heard on that day. Subsequently, when orders were reserved in both batches of cases, the petitioner sent a telegram to this Court and requested that judgment should not be pronounced for a period of three weeks and prayed for an adjournment. Such a conduct on the part of the petitioner is highly reprehensible and he should desist from sending such telegrams to the Judges of this Court by giving directions to the Court as to when judgments are to be pronounced. 3. The petitioner was working in the Education Department and belonged to the Tamil Nadu Education Subordinate Service. His original name was Chandrasekaran and subsequently, by a Gazette Notification, he had changed his name as Ching Chyang Ching. Subsequently, he added a prefix to his name and started calling himself as Dr. Ching Chyang Ching. When questioned as to where he got the Degree, he frankly conceded that he was practising a new system of medicine. 4. Be that as it may, the petitioner ever since the year 1997 started filing cases before the Tamil Nadu Administrative Tribunal [for short, 'Tribunal'] and started filing Original Applications one after the other. In some of the cases, there were interim orders in favour of the petitioner and in some cases, final orders were passed. Arising out of such orders, Writ Petitions started coming to this Court. The earliest writ petition that came to this Court was W.P. No. 18727 of 2001 wherein he had prayed for a direction to the Tribunal to hear all his 14 final hearing and part heard cases which were posted on 13.8.2001 only after clearing the Subsistence Allowance arrears to be paid to him at the rate of 75% of the pay for the period from 15.9.1995 till the date (ie., 24.7.2001) as ordered by the Tribunal in O.A. No. 4096 of 2001. Since the office raised maintainability of such a writ petition, it cannot be posted before the Court and the matter was not admitted and was adjourned from time to time. 5. As against the order of the Tribunal dated 29.6.2001 made in O.A. No. 4096 of 2001, the Director of Elementary Education filed a writ petition being W.P. No. 29158 of 2002 and the same was admitted on 08.8.2002 and also notice was ordered in the stay application. 6. Since the Tribunal was abolished, pending Original Applications were transferred to this Court. Hence, the various Original Applications filed by the petitioner were re-numbered as writ petitions. The following tabular statement will show the Original Applications filed by the petitioner and its corresponding writ petition Nos. as well as the relief prayer sought for by the petitioner. https://hcservices.ecourts.gov.in/hcservices/ Sl. No. W.P. No. (O.A. No.) Prayer Remarks 1. 18727 of 2001 To issue a direction to the Tribunal to hear all the 14 final and part-heard matters only after the subsistence allowance @ 75% for the period from 15.9.2005 till date is paid to him as ordered by the Tribunal in O.A. No.4096 of 2001. 2. 3013 of 2006 (O.A. No. 680 of 1997) To call for the proceedings of the Director of School Education and to give suitable direction to post the petitioner as P.G. Teacher (Commerce) or Lecturer in DIET and to give less writing work and more supervisory work in view that he was afflicted with writer's cramp and as certified by the Medical Board dt. 09.6.1993. It was dismissed for default on 03.10.2001 along with other case. M.A. No. 1216 of 2002 was filed to restore 2 months after the dismissal, The M.A. got transferred to this Court and re- numbered as W.P.M.P. No. 14794 of 2005. 3. 3014 of 2006 (O.A. No. 3373 of 1997) To pay minimum annual interest at the rate of 18% for the salary arrear already ordered in O.A. No. 2389 of 1995 dated 26.02.1997 and reimburse Rs. 20,000/- spent for towards various litigations https://hcservices.ecourts.gov.in/hcservices/ Sl. No. W.P. No. (O.A. No.) Prayer Remarks 4. 3015 of 2006 (O.A. No. 5491 of 1997) To direct the respondents to grant one advance increment falling on 01.11.1992 and to pay the arrears from 01.11.1992 till the date of the O.A. With interest at the rate 18% pa and cost Rs.1000/- 5. 3016 of 2006 (O.A. No. 5616 of 1997) To sanction third incentive increment (fifth and sixth advance increments) w.e.f. the date of his acquiring M.Com. Degree (June 1989) after reviewing G.O. Ms. No. 1023 dated 09.12.1993 as a consolation for not providing any promotional opportunity for over 25 years. 6. 3017 of 2006 (O.A. No. 8781 of 1997) To issue order revoking his suspension dated 15.9.1995 and to reinstate him as P.G. Assistant and to regularise the period from 15.9.1995 to 15.10.1997 as duty. Second prayer covered by the Division Bench order dated 16.3.2007 in W.A. No. 3528 of 2004 7. 3018 of 2006 (O.A. No. 10041 of 1998) To quash the order dated 13.5.1997 and to post him as Deputy Inspector of Schools and to regularise the period from 01.10.1995 onwards. The order dated 13.5.1997 is a memo of additional charges under rule 17(b). https://hcservices.ecourts.gov.in/hcservices/ Sl. No. W.P. No. (O.A. No.) Prayer Remarks 8. 3019 of 2006 (O.A. No. 10130 of 1998) To quash the proceedings dated 27.11.1997 revoking the suspension. To serve a copy of legally valid document in support of the revocation of suspension ordered by the Director of School Education and to regularise the period of non-employment from 15.9.1995 to 31.10.1998 (1) Copy of the said order directed to be given in O.A. No. 8781 of 1997 dated 04.11.1997. (2) In O.A. No. 1894 of 2000 dated 28.4.2000, the said order was directed to be given. (3) In C.A. No. 253 of 2000 dated 11.8.2000, the order was given in the open Court. 9. 3020 of 2006 (O.A. No. 10613 of 1998) To set aside the proceedings dated 09.10.1998 and to post him as AEEO or Deputy Inspector of Schools. Request to post him as AEEO was negatived as no such post in Government 10. 3021 of 2006 (O.A. No. 260 of 1999) To include his name in the panel as on 01.01.1999 for P.G. Assistant / High School Headmaster for the year 1998-99 without prejudice to the charges pending against him Charge memo under Rule 17(b) pending challenge in O.A. No. 7224/97 and O.A. No. 10041/98 11. 3022 of 2006 (O.A. No. 1894 of 2000) To quash the proceedings 24.9.1999 and pay subsistence allowance at the rate of 75% for the period from15.9.1999 to 29.02.2000 with 12% interest and to issue revised scales of pay and to give a fresh order of revocation of suspension Second prayer covered by the Division Bench order dated 16.3.2007 in W.A. No. 3528 of 2004 https://hcservices.ecourts.gov.in/hcservices/ Sl. No. W.P. No. (O.A. No.) Prayer Remarks 12. 3023 of 2006 (O.A. No. 3130 of 2001) To quash the order dated 08.11.2000 restoring him to the post of BT Teacher The order dated 08.11.2000 is the posting order 13. 3024 of 2006 (O.A. No. 5352 of 2000) To post him as P.G. Assistant (Commerce) w.e.f. 13.6.1989 since the charge-memo dated 18.12.1986 was quashed in O.A. No. 8077 of 1997 dated 28.4.2000 14. 32200 of 2005 (O.A. No. 812 of 2002) To revoke the suspension dated 02.3.1995 and post him at Chennai and also to regularise the period from 02.3.1995 to 08.11.2001 as duty and to treat the period from 09.11.2001 to till date as compulsory wait. Covered by the order of Division Bench dated 16.3.2007 in W.A. No. 3528 of 2004 15. 35442 of 2004 (Directly filed in High Court) To give a direction so that the petitioner be sent to District Medical Board Cuddalore for medical opinion with regard to skull fracture and writer's cramp and to give appropriate posting order as already ordered by the Tribunal in O.A. NO. 3198 of 1997 dated 10.10.1999 and consequently regularise the period from 07.6.2004 till the date of medical opinion. https://hcservices.ecourts.gov.in/hcservices/ Sl. No. W.P. No. (O.A. No.) Prayer Remarks 16. 37775 / 2007 (directly filed in High Court) To direct the R1 to take steps to extend the service of the petitioner up to 65 years / 60 years or take steps to dispose of all the pending cases of the petitioner within a reasonable time 7. The petitioner originally filed O.A. No. 7224 of 1997 seeking to quash the charge-memo dated 14.3.1995. The said O.A. was dismissed on 09.02.2001 with liberty granted to the Department to proceed with the enquiry and complete it within nine months. Liberty for the Department was granted for seeking further extension. Thereafter, in O.A. No. 8077 of 1997, the proceedings dated 18.12.1986 was quashed by order dated 28.4.2000. 8. The alleged success in these two Original Applications made the petitioner to go on filing application after application before the Tribunal with one prayer or the other. In some of the Original Applications, the same prayer was reiterated with slight modifications. Pursuant to the order dated 28.4.2000, the suspension was revoked. Notwithstanding the same, he filed another O.A. 1894 of 2000 seeking for serving of the authenticated order of revocation of suspension order. The Tribunal by order dated 28.4.2000, granted direction to give a copy within two weeks. He filed Contempt Application No. 253 of 2000 alleging that he was not given the copy of the said order which disabled him from joining at the new place. The Tribunal directed a copy of the order dated 05.5.2000 to be served in the open Court and the same was recorded by the Tribunal on 11.8.2000. Even thereafter as the petitioner had not joined duty, a new charge-memo was given to him. 9. By O.A. No. 3374 of 1997, the petitioner sought for a direction to consider his representation for promotion to the post of Deputy Inspector of Schools. By order dated 09.7.1997, a direction was also issued to consider his case. He also filed O.A. No. 8384 of 1998 to take action for non-payment of the allowance. As per the orders of the Court dated 23.10.1998, it was directed to be paid. The said order was complied with by the Department on 24.4.1999. Therefore, his further Contempt Application 217 of 1999 was dismissed on 04.02.2000. https://hcservices.ecourts.gov.in/hcservices/ 10. On 03.10.2001, all his applications were listed before the Tribunal for disposal. Since the petitioner did not appear, the Tribunal dismissed all applications for default. In the order dated 03.10.2001, it was recorded as follows: "The above batch of cases have been coming up for several occasions as 'part heard'. The applicant has been asking adjournments every time, Indulgence has been shown to him since he is appearing in person. But, yet the applicant is not ready to argue the cases and to have a disposal of the same. 2. On 3.9.2001, he appeared in person and expressed some difficulty in arguing the cases. Hence, four weeks' time was granted at his request and the cases were adjourned to 3.10.2001, i.e today at 2.15 P.M. 3. When the matter was called at 2.45 P.M., today, the applicant was absent. There is also no representation on his behalf. In the circumstances, the applications are dismissed for default." 11. The petitioner filed M.A. No. 1216 of 2002 to restore all the dismissed Original Applications. But no orders were passed by the Tribunal and after abolition of the Tribunal, it got transferred to this Court and was re-numbered as W.P.M.P. No. 14794 of 2005 and no orders were passed in the said petition till date. 12. Subsequently, when the matters were listed, the learned Additional Government Pleader brought to the notice of this Court the judgment of the Division Bench of this Court, presided by P. Sathasivam, J. (as he then was), dated 16.3.2007 in W.A. No. 3528 of 2004 relating to the issue between the same parties. It transpires that the petitioner filed W.P. No. 26068 of 2004 seeking for a direction to the first respondent State to instruct the second respondent District Elementary Educational Officer, Villupuram to despatch the Service Register to the third respondent Head Master of the Government High School to refix his pay in accordance with the revised scale of pay w.e.f. 01.01.1996 in respect of VI Pay Commission Scale. 13. The said writ petition was allowed with a direction that the petitioner can get subsistence allowance even for the period after revocation of his suspension. This order was set aside on a writ appeal filed by the State on 16.3.2007. A portion of paragraph 9 and paragraphs