A retired aided-school teacher challenged the Joint Director's order dismissing his appeal regarding arrears and increment-related dues, contending breach of natural justice. The court quashed the impugned order on that limited ground and directed the first respondent to hear the petitioner and decide his representation afresh within eight weeks.
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W.P.No.6447 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.6447 of 2024
M.Arul Raja Rathinam .... Petitioner
Vs
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W.P.No.6447 of 2024
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to call for the records in respect of the impugned order in Na.Ka.No.2296/H-2/2023 dated 08.01.2024 dismissing his appeal and quash the same.
For Petitioner : Mr.G.Mohana Krishnan
For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader
ORDER
T his Writ Petition has been filed challenging the order passed by
the first respondent dated 08.01.2024, thereby dismissing the appeal filed by the petitioner.
the materials available on record.
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W.P.No.6447 of 2024
dated 12.04.2000. The petitioner submitted his explanation and he was
permitted to report to duty. However, the said direction was not complied with and as such, the petitioner approached this Court in W.P.No.18492 of 2000.
and the same was not considered. Therefore, the petitioner filed a writ petition
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W.P.No.6447 of 2024
before this Court in W.P.No.27579 of 2023 for a direction directing the first respondent to consider the representation submitted by him. However, it was now rejected by the present impugned order. Though the petitioner raised various grounds, the petitioner was not given an opportunity of hearing and as such, it is a clear violation of the principles of natural justice.
order cannot be sustained and it is liable to be quashed. Accordingly, the impugned order in Na.Ka.No.2296/H-2/2023 passed by the first respondent dated 08.01.2024, is hereby quashed. The first respondent is directed to consider the representation submitted by the petitioner, give an opportunity of hearing and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
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W.P.No.6447 of 2024
costs.
13.03.2024
Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1. The Joint Director, O/o. The Joint Director (Aided Schools) DPI Campus, College Road, Nungambakkam, Chennai – 600 006.
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W.P.No.6447 of 2024
G.K.ILANTHIRAIYAN. J,
Lpp
W.P.No.6447 of 2024
13.03.2024
https://www.mhc.tn.gov.in/judis Page 6 of 6
1 issue framed by the court
Whether the appellate order dismissing the retired teacher's representation could stand when he was not given an opportunity of hearing?
1 provisions across 1 enactments
M.Arul Raja Rathinam
The Joint Director, O/o. The Joint Director (Aided Schools), Chennai
The District Elementary Educational Officer, Salem
The Additional Assistant Elementary Educational Officer, Omalur Range, Salem District
The Correspondent, St.Nicholas Middle School, Omalur, Salem District
G.K.Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
