ARUL RAJ Vs. KAMARAJ HINDU PRIMARY SCHOOL KARUMBANOOR

JUDGEMENT

(1.) The Appellant/Third Respondent has projected this writ appeal as against the order of the learned single Judge dated 11.04.2001 passed in W.P.No.6387 of 1990.

(2.) The learned single Judge while passing orders in the writ petition W.P.No.6387 of 1990 on 11.04.2001 has among other things observed that '......when the legislature specially requires the authorities to get themselves satisfied as to the special circumstances, such authorities are statutorily obliged to exercise their discretion complying with the principles of Natural Justice, but not detrimental to the same' and resultantly allowed the writ petition by quashing the impugned order dated 23.05.1990 passed by the Second Respondent/the District Educational Officer, Thenkasi, Tirunelveli District.

(3.) According to the learned counsel for the Appellant/Third Respondent, the order of the learned single Judge in allowing the writ petition W.P.No.6387 of 1990 is contrary to law and unsustainable and as a matter of fact, the learned single Judge ought to have seen that the First Respondent/Writ Petitioner is a school and it cannot file a writ petition and as such, the writ petition is not maintainable. It is the Appellant/Third Respondent was not paid the salary for the month of February, March and Pongal Bonus during 1990 and in short, the writ petition should have been dismissed by the learned single Judge, but these aspects of the matter have not been looked into by the learned single Judge in a proper and real perspective and therefore prays for allowing the writ appeal in the interest of justice.