V. PUDURAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition is filed for issuance of a writ of Certiorarified Mandamus to quash the impugned proceedings of the 5th Respondent herein in proceedings No.Nil dtd. 22/6/2012 and to direct the official respondents to re- instate the petitioner as Office Assistant in the Nadar Saraswathi Higher Secondary School, Usilampatti, with all attendant benefits including salary from 4/1/2012.

(2.) The brief facts that are necessary for disposal of this writ petition are as follows: The Petitioner was appointed as Office Assistant in the 5th respondent school namely Nadar Saraswathi Higher Secondary School on 11/1/1999. It is stated that the post is a regular sanctioned post and the appointment was against the vacancy. The appointment of petitioner was also approved by the 4 th respondent. The 5th respondent school is a Private aided school and governed by the provisions of Tamil Nadu Recognized Private Schools (Regulation) Act and Rules.

(3.) It appears that there are internal disputes over the management of the fifth respondent for a long period. It is stated that the 4th Respondent passed an order dtd. 9/5/2011 approving the appointment of 6th Respondent as Correspondent of the school upto 24/1/2012 subject to the final judgement in the pending suits. The 6th respondent by an order dtd. 4/1/2012 placed the petitioner under suspension. Consequently, a charge memo was issued on 14/2/2012 alleging misconduct against the petitioner. It is admitted that the fourth respondent passed an order on 12/1/2012 for direct payment to the school. It is also admitted that such order of direct payment was challenged before this Court. There was an order of stay of operation of the order of direct payment. However, subsequently the order of direct payment was upheld after holding that the 6th respondent is not competent to represent the Educational Agency. There was a further direction directing the State Government to appoint a Special Officer under Sec. 34(A) of Tamil Nadu Societies Registration Act.