This single judge dismissal of an appeal seeking back wages and service benefits continues. The court held that the appellant, having given up the claim via a registered compromise during his employment, cannot subsequently claim benefits after retirement.
No costs awarded to the appellant as the appeal was dismissed against the single judge order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A.(MD) No.1253 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2019 CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.A.(MD) No.1253 of 2012 and M.P.(MD) No.1 of 2012
S.Syed Ghouse ... Appellant -vs1.The Director of School Education, (Higher Secondary), College Road, Chennai – 600 006. 2.The Joint Director of School Education, (Higher Secondary), College Road, Chennai – 600 006. 3.The Chief Educational Officer, Parent-Teachers Association Buildings, Tiruchirappalli – 620 008. 4.The District Educational Officer, Old District Library Office (Upstairs), Tiruchirappalli – 620 002. 5.The Accountant General (A & E), Treasury and Accounts, Tamil Nadu Circle, Chennai – 600 018. 6.Khajamian Higher Secondary School, Khaja Nagar, Tiruchirappalli – 620 020, Represented by its Secretary and Correspondent ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order dated 27.04.2009, made in W.P.(MD) No.4227 of 2005, on the file of this Court.
Prayer in WP(MD). 4227/ 2005 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, by calling for the service register of https://hcservices.ecourts.gov.in/hcservices/ the petitioner with the sixth respondent, quash the order of the
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W.A.(MD) No.1253 of 2012
fourth respondent dated 10.6.2003 made in Na.Ka.No.12477/A1/03 to the extent it disentitles the petitioner from claiming backwages and continuity of service and consequently direct the respondents to grant service benefits and arrears of pay to the petitioner taking into account the period from 13.1.1999 to 1.12.2002.
J U D G M E N T
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.J.Nantha Kumar, learned counsel appearing for the appellant, Mr.A.K.Baskarapandian, learned Special Government Pleader appearing for the respondents 1 to 4 and Mr.P.Gunasekaran, learned counsel appearing for the 5th respondent.
2.The Writ Appeal is directed against the order of this Court dated 27.04.2009, made in W.P.(MD) No.4227 of 2005.
3.On a perusal of the order passed by the learned Single Judge, it is found that the appellant has given up the claim for back wages and continuity of service and he was reinstated into service pursuant to the compromise entered with the Management of the School, in which the appellant was working as a teacher. The compromise has been recorded in a civil suit. After retirement, the appellant has come forward with the present Writ Petition claiming that the entire period of service should be reckoned and all benefits should be computed and paid. We are of the considered view that the learned Single Judge has rightly rejected the prayer sought for by the appellant. Thus, we do not find any ground to interfere with the order of the learned Single Judge.
4.In the light of the above, the Writ Appeal is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs.
Assistant Registrar (CS-III)
Sub Assistant Registrar(CS)
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W.A.(MD) No.1253 of 2012
To
1.The Director of School Education, (Higher Secondary), College Road, Chennai – 600 006. 2.The Joint Director of School Education, (Higher Secondary), College Road, Chennai – 600 006. 3.The Chief Educational Officer, Parent-Teachers Association Buildings, Tiruchirappalli – 620 008. 4.The District Educational Officer, Old District Library Office (Upstairs), Tiruchirappalli – 620 002. 5.The Accountant General (A & E), Treasury and Accounts, Tamil Nadu Circle, Chennai – 600 018. +1 CC to M/s.CHAMUNDI BOSE, Advocate ( SR-91092[F] dated 03/10/2019 ) +1 CC to M/s.P.GUNASEKARAN, Advocate ( SR-91294[F] dated 04/10/2019 ) +1 CC to M/s.GP ( SR-91574[F] dated 04/10/2019 )
W.A.(MD) No.1253 of 2012 and M.P.(MD) No.1 of 2012 03.10.2019
KM/(31.10.2019) 3P 9C
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2 issues framed by the court
Whether the writ appeal challenging the Single Judge's order rejecting the claim for back wages and service benefits should be allowed.
Whether the compromise recorded in a civil suit precluding claims for back wages barring late challenges after retirement.
S. Syed Ghouse
The Director of School Education, (Higher Secondary), College Road, Chennai
The Joint Director of School Education, (Higher Secondary), College Road, Chennai
The Chief Educational Officer, Parent-Teachers Association Buildings, Tiruchirappalli
The District Educational Officer, Old District Library Office (Upstairs), Tiruchirappalli
The Accountant General (A & E), Treasury and Accounts, Tamil Nadu Circle, Chennai
T.S. Sivagnanam
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
