The High Court dismissed writ petitions filed by teachers quashing an order to recover salaries paid. The court held the petitions infructuous as petitioners continued working and receiving salaries without deduction at the time of hearing.
None; writ petitions dismissed as infructuous.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2019
CORAM :
THE HONOURABLE MR. JUSTICE M. DURAISWAMY
W.P. Nos.10238 to 10240 of 2004 and W.P.M.P. Nos.11948, 11950 & 11952 of 2004
L.Padmavathi ... Petitioner
in W.P.No.10238 of 2004
L.Padma ... Petitioner
in W.P.No.10239 of 2004
S.Selvi ... Petitioner
in W.P.No.10240 of 2004
Vs.
1.The Additional Assistant Elementary
Educational Officer,
Kunoor.
2.The Director of Elementary Education,
College Road,
Chennai – 600 006.
3.The Secretary,
Nilgiris Langayat Primary School,
Katary Village,
The Nilgiris. ... Respondents
in W.P.No.10238 of 2004
1.The Additional Assistant Elementary
Educational Officer, Kunoor.
2.The Director of Elementary Education,
College Road,
Chennai – 600 006.
3.The Secretary,
Nilgiris Lingayat Primary School,
Katary,
Nilgiris District. ... Respondents
in W.P.No.10239 of 2004
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1.The Additional Assistant Elementary Educational Officer, Kunoor.
3.The Secretary, Nilgiris Lingayat Primary School, Palada, Nilgiris District. ... Respondents in W.P.No.10240 of 2004
Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writs of Certiorari, calling for the records relating to the order of the 1st respondent dated 09.02.2004 issued in Na.Ka.No.74 A2/2003 and to quash the same as far as the petitioners are concerned.
For Petitioner : Mr.R.Muthukannu
in all writ petitions
For Respondents : Mr.A.Raja Perumal
Additional Government Pleader
in all writ petitions
C O M M O N O R D E R
The petitioners have filed the writ petitions to issue writs of certiorari to call for the records relating to the order of the 1st respondent dated 09.02.2004 and to quash the same. By order dated 09.02.2004, the teachers, who were deployed and in whose favour interim orders were granted, should not be paid salary and the salary already paid should be recovered from them.
2.Today, when the writ petitions were taken up for hearing, Mr.A.Raja Perumal, learned Additional Government Pleader, appearing for the respondents submitted that the petitioners are still working in the very same schools and that no deduction has been made in their salaries and their salary has not been stopped till this date. Further, the learned Additional Government Pleader submitted that, till today, the petitioners are receiving their salaries. Therefore, the writ petitions
2/3
have become infructuous. Further, the learned Additional Government Pleader submitted that the petitioners have sent letters to the Block Education Officer, for withdrawing the writ petitions. However, the learned counsel appearing for the petitioners submitted that he has no instructions for withdrawing the writ petitions.
3.Since the petitioners are receiving the salary and are working in the very same schools, the relief sought for in these writ petitions have become infructuous. Accordingly, these writ petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1.The Additional Assistant Elementary
Educational Officer,
Kunoor.
2.The Director of Elementary Education,
College Road,
Chennai – 600 006.
3.The Secretary,
Nilgiris Langayat Primary School,
Katary Village,
The Nilgiris.
4.The Secretary,
Nilgiris Lingayat Primary School,
Palada,
Nilgiris District.
+3 cc to M/s.R.Muthukkannu,Advocate Sr.Nos. 92341 to 92343
+1 cc to The Government Pleader Sr.No. 93073
AKM/03.12.19/3P-9C /
W.P. Nos.10238 to 10240 of 2004
3/3
1 issue framed by the court
Whether the writ petitions seeking quashing of an order to recover salaries which are still being paid have become infructuous.
1 provisions across 1 enactments
L. Padmavathi
L. Padma
S. Selvi
Additional Assistant Elementary Educational Officer, Kunoor
Director of Elementary Education, Chennai
Secretary, Nilgiris Lingayat Primary School
M. Duraismamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
