J APPANDAI RAJAN Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) THE Order of the Court was as follows : THE writ petitioners 1 and 2 herein pray for the issue of a writ of certiorarified mandamus to call for the records relating to the order passed by the Chief Educational Officer, the second respondent herein in his office proceedings O.Mu. No. 2728/E1/93 dated 15-2-1993, quash the same and direct the respondents to disburse the salary due to the petitioners for the period from 1-6-1992 to 31-12-1992. Heard Ms. J. Anandavalli, learned counsel for Mr. P. Ananthakrishnan Nair appearing for the writ petitioners and Mr. K. Elango. Learned Government Advocate, appearing for the respondents. THE factual matrix could be summarised. Late K. K. Paraswantha Nainar established an aided primary school at Vengaram Village, Vanthavashi Taluk during 1951. While the said founder was continuing as Manager-cum-Correspondent during 1976 he had expressed his willingness to hand over the School to the Panchayat Union or the Government and the matter was under correspondence. THE said Paraswantha Nainar passed away on 22-11-1979. After his demise the school was administered by the respondents 3 and 4. THE District Educational Officer was managing the school through the Assistant Educational Officer and he was drawing the salary of the teaching staff and making payments directly to them in the absence of the Manager.

(2.) HOWEVER, the school was not functioning on 1-6-1992 due to the parents not sending their children en masse demanding opening of a new Panchayat Union Primary School in lieu of the existing aided Primary School. The then Headmaster Mr. A. Banu died on 7-8-1992. But the writ petitioners herein were as the Secondary Grade School Assistant and were working till 30-12-1992 in the said school. The School was not functioning in a building of its own nor it had owned a land. The School was functioning in a dilapidated building owned by the Panchayat Union at free of cost and proposals were submitted to take over the School of the first respondent.The Director of the Elementary Education by his proceedings dated 3-4-1990 ordered for take over of the school. The school also could not be treated as defunct by withdrawing the recognition in the absence of the Manager. With a view to protect the welfare of the children and the Teachers of the School, necessary steps were taken for opening of a new Panchayat Union Primary School in the village and thereafter the recognition of the aided school was withdrawn. The School started functioning from 27-11-1992 in the newly constructed building and consequently the old aided Primary School became defunct.

(3.) CONCEDINGLY the school did not function during the said period and no children attended the school. The school building also collapsed. There was no order sanctioning the grant for the said period. Further for the past several years without there being a Manager of the Aided School the petitioners claim that they were employed. Further there was no Manager in the Aided School since 1979 onwards. The School was defunct and consequently no question of paying teaching grant for a defunct school arise. Such a contention has been raised by the respondents.