Disposed

The Stateof Tamilnadu v. P.Rajendran Prasath

Madras HC18 Apr 2016WA(MD)/652/2016

Case brief

AI extract

What is this about?

Division Bench disposed of writ appeal by consent, directing appellants to grant temporary approval for appointment of respondent as Physical Education Director and release salary pending final disposal of writ petition, referring to related judgments on interim protection.

What did the court decide?

Direction to grant temporary approval of appointment as Physical Education Director and release salary pending disposal of writ petition.

The Stateof Tamilnadu Vs P.Rajendran Prasath — Education and Admissions | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2016 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR

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and THE HONOURABLE MR. JUSTICE S.S.SUNDAR

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W.A.(MD)No.652 of 2016 against MP(MD)No.2 of 2015 and WP(MD)No.23027 of 2015

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and

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CMP(MD)No.4270 of 2016

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1.The State of Tamil Nadu,

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Rep. by its Secretary, School Education Department,

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Secretariat, Chennai-9.

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2.The Director of School Education, O/o.The Director of School Education Office, College Road, Chennai.

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3.The Chief Educational Officer,

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O/o.The Chief Educational Office, Thallakulam, Madurai, Madurai District.

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4.The District Educational Officer, O/o.The District Educational Office, Near Government Higher Secondary School, Usilampatti, Madurai District.

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.. Appellants/Respondents 1 to 4/ Respondents 1 to 4

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Vs.

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1.Dr.P.Rajendran Prasath

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..1^st Respondent/Petitioner/Writ petitioner

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2.The Correspondent,

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Nadar Saraswathi Higher Secondary School, Usilampatti,

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Madurai District. .. 2^nd Respondent/5^th Respondent/

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5^th Respondent

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PRAYER: Writ Appeal is filed under Clause XV of Letters of Patent, against the common order dated 21.12.2015 made in M.P.(MD)No.2 of 2015 in W.P.(MD)No.23027 of 2015.

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

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Prayer in MP(MD). 2/ 2015 in WP(MD).23027/2015 :

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an AD INTERIM DIRECTION to direct the 4th respondent to grant temporary approval of the promotion of the petitioner as Physical Education Director and release the salary payable to the post of the petitioner pending disposal of the above Writ Petition.

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For Appellants: Mr.VR.Shanmuganathan Special Government Pleader For R1 : Mr.Mahaboob Athiff for M/s.Ajmal Associates

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JUDGMENT

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(Judgment of this Court was delivered by S.MANIKUMAR, J.)

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In the present writ appeal, the challenge made is to the order passed by the writ Court, directing the appellants to grant temporary approval for appointment of the first respondent as Physical Education Director in the second respondent school and to pay salary to him from the date of his appointment, till the date of disposal of the writ petition.

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2.Learned counsel appearing for the parties in the appeal, have consented that, they are agreeable that the order passed in W.A.(MD) No.220/2016 dated 05.02.2016, be passed in the present appeal also, details of which are given below. Thus, by consent, the present appeal is taken up and disposed of.

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3.On an earlier occasion, a similar Writ Appeal (MD) No.220 of 2016, filed by the State, has been considered and disposed of on 05.02.2016 by a Hon'ble Division Bench of this Court, to which, one of us ( SMKJ ) is a party.

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4.Mr.Mahaboob Athiff, learned counsel appearing for the first respondent/petitioner has consented for a similar order to be passed.

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5.In as much the above learned counsel for the first respondent/writ petitioner has consented for a similar order as made in W.A.(MD) No.220 of 2016, dated 05.02.2016, this Court deem it fit to extract the same and dispose of the Writ Appeal on the same lines:

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“4.In a similar writ appeal filed by the State in the Principal Bench, a Division Bench of this Court has https://hcservices.ecourts.gov.in/hcservices/ passed the following order in W.A.No.1299 of 2015, dated 14.09.2015.

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'4.Be that as it may, the issue as to whether the provisions of the Act, will be applicable to a minority institution, is pending consideration in Aswinithanappan Vs. Director of Education and another – (2014) 8 SCC 272.

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5.In view of the above, without going into the merits of the case as to whether a teacher appointed in a minority school is required to have TET qualification, as the same is the subject matter of the Writ petition, we are of the considered view that interest justice would subserve, if the appointment of the first respondent is protected, without giving any direction to the State Government to grant temporary approval.

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6.Mr.D.Krishnakumar, learned Special Government Pleader (Education) appearing for the appellants fairly submits that the first respondent shall not be terminated during the pendency of the said writ petition being W.P.No.14072 of 2015.

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7.Accordingly, we direct that the first respondent shall be given her salary in the course of her employment and no steps to remove her from service shall be taken till the disposal of the writ petition. However, it is made clear that this order is subject to the final outcome of the pending writ petition. It is further made clear that the first respondent shall not claim any equity on account of this order, without prejudice to the rights and contentions of the parties, therein.

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8.This intra-Court appeal is disposed of accordingly. No costs. Connected Miscellaneous Petition is closed.”

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6.By consent, Writ Appeal is disposed of on the same lines as ordered in W.A.(MD) No.220 of 2016 dated 05.02.2016. Having consented, appellants are directed to comply with the orders. No costs. Consequently, connected Miscellaneous Petition is closed.

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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 Madurai Bench of Madras High Court, Madurai.

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rj2 To

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1.The Secretary,

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https://hcservices.ecourts.gov.in/hcservices/ School Education Department, Secretariat, Chennai-9.

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2.The Director of School Education, O/o.The Director of School Education Office, College Road, Chennai.

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3.The Chief Educational Officer, O/o.The Chief Educational Office, Thallakulam, Madurai, Madurai District.

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4.The District Educational Officer, O/o.The District Educational Office, Near Government Higher Secondary School, Usilampatti, Madurai District. +1 cc to M/S.Ajmal Associates, Sr No.22241 rg.NGM-SS 06.05.2016 4P/6C

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W.A.(MD)No.652 of 2016 18.04.2016

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

The Stateof Tamilnadu v. P.Rajendran Prasath

Case brief

What is this about?

What did the court decide?

The Stateof Tamilnadu v. P.Rajendran Prasath

Case brief

What is this about?

What did the court decide?

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