S P SUSEELA Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) WHILE W.P.No.1109 of 2004 is filed for a direction against the respondents to claim and disburse the arrears of difference in pay due from 1992 towards yearly increment, special grade increment and its equivalent pay as per V Pay Commission report from 1.1.196 in terms of the representations of the petitioner dated 11.2.2002, 2.5.2002, 30.12.2002, 4.3.2003 and 25.12.2003, failing which to direct the second respondent to pay interest at the rate of 12% per annum from the date on which the second respondent has failed to claim and disburse it, W.P.No.1192 of 2004 is filed for a direction against the second respondent to enter all the service particulars in the petitioner's service register, including the consequential monetary benefits, for approval by the first respondent and to claim arrears due to the petitioner and disburse the same and also to pay the salary for the period as approved by the first respondent for the period 15.6.1992 to 5.9.2000 by the second respondent as per the orders of the Joint Director of School Education (Secondary) dated 19.12.1997 in RC.No.89468/G6/97, failing which to direct the second respondent to pay the amounts with interest at 12% per annum from the date it became due.

(2.) BOTH the petitioners are employed in the second respondent/ Management and are wife and husband respectively. The petitioner in W.P.No.1109 of 2004 joined the services of the second respondent/ Management, which is an aided private school governed by the provisions of the Tamil Nadu Recognized Private Schools (Regulation) Act, 193 (for brevity, "the Act"), as a Record Clerk in the year 1973, while her husband, viz., the petitioner in W.P.No.1192 of 2004, had been working as a Teacher stated to be eligible for promotion as Assistant Head Master-cum-Post Graduate Teaching Assistant.

(3.) IN respect of W.P.No.1192 of 2004, in the counter affidavit of the second respondent, it is stated that the petitioner in W.P.No.1192 of 2004 has abstained from duty from 15.6.1992 to 5.9.2000 due to private chit fund activities. It is stated that the said petitioner has voluntarily submitted his resignation with attestation of Notary Public, which was accepted by waiving three months notice as requested by him and the same was sent to the Chief Educational Officer and the first respondent has refused to grant approval of the same on 23.6.1992, since there is non-compliance of Rule 17-A of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 (for brevity, "the Rules"). The Chief Educational Officer, Kancheepuram in his proceedings dated 6.1.1995 by quoting the said Rule has directed the second respondent to reinstate the petitioner with continuity of service, stating that the resignation letter has been obtained and relieving order has been passed against the provisions of the Rules.