Shanmugam.P Vs the Commissioner of Elementary Educaiton

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the impugned order passed by the 3^rd respondent in his proceedings in Na.Ka.No. 345/A1/2016 dated 18.04.2016 (At the instance impugned order passed by the Assistant Elementary Educational Officer post is now re-designated as a 3^rd respondent) and consequential impugned order passed by the 3^rd respondent in his proceedings in O.Mu.No.345/A1/2016 dated 30.11.2020 and quash the same as illegal and consequently directing the respondents to disburse the benefit of Selection Grade from 01.06.2009 and disburse the said benefits with an accrued interest thereof within the period that may be stipulated by this Court.

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For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.S.Shaji Bino Special Government Pleader for R1 to R3 Mr.P.Gunasekaran Standing Counsel for R4

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https://www.mhc.tn.gov.in/judis

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O R D E R

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W.P.(MD) No.15309 of 2021

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This writ petition has been filed challenging the impugned order dated 18.04.2016, passed by the third respondent, cancelling the selection grade awarded to the petitioner in the cadre of Elementary School Headmaster as early as on 07.11.2009.

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2. The petitioner has primarily challenged the impugned order, on the ground of violation of the principles of natural justice. He would submit that even though he was awarded selection grade in the cadre of Elementary School Headmaster as early as on 07.11.2009, the same has been cancelled under the impugned order dated 18.04.2016, passed by the third respondent, after a lapse of more than six years, without issuing any notice to him and therefore, according to the petitioner, the impugned order dated 18.04.2016 has been passed in violation of the principles of natural justice. The petitioner also contends that the Government Letter dated 14.06.2012, relied upon by the respondents under the impugned order, has no applicability to his case, since the said letter cannot be applied retrospectively.

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W.P.(MD) No.15309 of 2021

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3. A counter has been filed by the respondents 2 & 3 denying the contentions of the petitioner and they would submit that the impugned order cancelling the petitioner's selection grade has been rightly passed.

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4. This Court is not going into the merits of the respective contentions in this writ petition. Only on the ground of violation of the principles of natural justice, this Court is quashing the impugned order and remanding the matter back to the very same respondent for fresh consideration of the matter on merits and in accordance with law, after providing an opportunity of hearing to the petitioner, within a time frame to be fixed by this Court.

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5. Admittedly, no opportunity of hearing was granted to the petitioner prior to the passing of the impugned order dated 18.04.2016 cancelling the petitioner's selection grade in the cadre of Elementary School Headmaster, which was granted as early as on 07.11.2009 itself.

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6. For the foregoing reasons, the impugned order dated 18.04.2016, passed by the third respondent, is hereby quashed and the

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W.P.(MD) No.15309 of 2021

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matter is remanded back to the very same respondent for fresh consideration of the matter on merits and in accordance with law. The petitioner is directed to submit his detailed explanation to the third respondent as to why the selection grade awarded to him in the cadre of Elementary School Headmaster as early as on 07.11.2009 itself cannot be cancelled, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation within the stipulated time, the third respondent shall pass final orders on merits and in accordance with law, after giving due consideration to the explanation submitted by the petitioner, within a period of twelve weeks thereafter.

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7. With the above directions, this writ petition is disposed of. No

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costs.

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28.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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