Dismissed

The Manager v. Chandrakumar

Madras HC13 Mar 2014WA(MD)/407/2014

Case brief

AI extract

What is this about?

In this writ appeal, the school management challenged an order quashing a teacher's suspension. The court held that as the respondent had reached the age of superannuation by the time of hearing, the appeal could not be entertained. The appeal was dismissed with the matter left open for the appellants to pursue other actions.

What did the court decide?

The writ appeal was dismissed. It is left open to the appellants to proceed with any action they have initiated.

The Manager Vs Chandrakumar — Service and Employment | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2014 CORAM :

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THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Appeal (MD) No.407 of 2014

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1.The Manager, TDTA High, Higher Secondary & Special Schools, Dioceses Office, Palayamkottai, Tirunelveli District.

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2.The Manager/Correspondent, Schafter Higher Secondary School, Tirunelveli – 1 ... Appellants Vs. 1.Chandrakumar

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2.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

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3.The District Educational Officer, Tirunelveli Educational District, Tirunelveli.

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... Respondents

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Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 20.06.2011 made in W.P.(MD)No.952 of 2010 on the file of this Court.

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Prayer in WP(MD). 952/ 2010 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARI calling for the records relating to the order of 3rd respondent in memorandum No. 102/Est/Cor/10/dated 13.01.2010 and quash the same as illegal and unconstitutional.

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For Appellants : Mr.S.Chellapandian For Respondents 2&3 : Mr.V.R.Shanmuganathan, Special Government Pleader. For 1^st Respondent : Mr.M.Karthikeya Venkatachalapathy

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JUDGMENT

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(Judgment of the Court was delivered by V.RAMASUBRAMANIAN,J. )

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The writ appeal arises out of an order passed by the learned Judge, quashing an order of suspension.

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2.Heard Mr.S.Chellapandian, learned counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/ Mr.M.Karthikeya Venkatachalapathy, learned counsel takes notice for the first respondent.

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3.The first respondent was employed as a teacher in a private aided school. He was placed under suspension and the suspension prolonged beyond a period of two months. Therefore, by quoting statutory provisions under Section 22(3)(b) of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, the first respondent challenged the order of suspension. The writ petition in W.P(MD)no.952 of 2010 was allowed by the learned Judge by order dated 20.06.2011. Challenging the said order, the management of the school is on appeal.

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4.The writ appeal was filed in January 2012. The appeal got numbered in 2014. Now a period of more than three years has passed from the date of the order of the learned Judge. The first respondent has already reached the age of superannuation in the meantime. According to the appellants, the first respondent is facing charges. According to the learned counsel for the first respondent, there are no charges pending. Anyway, we are not concerned about whether any charges are pending or not. The present writ appeal cannot be entertained for the simple reason that the first respondent has already reached the age of superannuation. Therefore, leaving it open to the appellant to proceed with any action that they have initiated, this writ appeal is dismissed. No costs.

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sms

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Sd/-

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Assistant Registrar[Crl side]

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/True copy/

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Sub Assistant Registrar

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1.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

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2.The District Educational Officer, Tirunelveli Educational District, Tirunelveli.

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+1cc to Mr.S.Chellapandian, Advocate SR.No.15812.

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Writ Appeal (MD) No.407 of 2014

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dated:13.03.2014

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2P/4C RPB 26.03.2014

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https://hcservices.ecourts.gov.in/hcservices/

The Manager v. Chandrakumar

Case brief

What is this about?

What did the court decide?

The Manager v. Chandrakumar

Case brief

What is this about?

What did the court decide?

What the court decided

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