LAWS(MAD)-2010-12-7

ASSOCIATION OF VETERAN EMPLOYEES OF MINORITY ACADEMIC RECOGNISED INSTITUTIONS OF ALL KIND Vs. GOVERNMENT OF TAMIL NADU

Decided On December 03, 2010
ASSOCIATION OF VETERAN EMPLOYEES OF MINORITY ACADEMIC RECOGNISED INSTITUTIONS Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) By consent of counsel for both sides, the writ petition itself is taken up for final disposal.

(2.) The Petitioner association has filed this writ petition for a declaration to declare that the action of the Respondents 1 to 6 in allowing the Respondents 7 and 8 to effect transfer of teachers and staff from one School to another in terms of and as per the order in Memo No. 45181 E2/60-2 dated 11.06.1960 as illegal, arbitrary and unconstitutional and consequently forbear the Respondents 7 and 8 from transferring any teacher and staff from one school to another.

(3.) The Petitioner association is registered under the Societies Registration Act bearing Registration No. 29 of 1998. The Petitioner association was formed for the purpose of protecting the interest of teaching and non-teaching staff employed in the minority academic educational recognised institutions, including the staff employed in the schools run by the seventh Respondent. According to the Petitioner, the schools run by the seventh Respondent society are all private schools. The seventh Respondent is running number of schools at various places at various levels in Tuticorin, Tirunelveli and Kanyakumari Districts. The Petitioner would contend that each one of the schools run by the seventh Respondent has been recognised by the competent authority individually, treating each one of the schools as a separate unit, establishment and entity. According to the Petitioner association, the appointment of all the teachers are made only in a particular school/unit and approval for appointment and teaching aid are also granted for each school separately.