KAMUTHI KSHATRIYA NADAR URAVINMURAI BY ITS SECRETARY AND KSHATRIYA NADAR GIRLS HIGHER SECONDARY SCHOOL BY ITS SECRETARY AND CORRESPONDENT R. CHANDRASEKARA PANDIAN, KAMUTHI Vs. P. GOMATHI

JUDGEMENT

(1.) THE above Appeal Suit is directed against the judgment and decree dated 20.3.1991 rendered in O.S.No.38 of 1990 by the Court of Subordinate Judge, Ramanathapuram at Madurai.

(2.) TRACING the history of the above appeal suit having come to be preferred by the appellants, it comes to be known that the respondent herein had filed the suit in O.S.No.38 of 1990 against the appellants for recovery of a sum of Rs.52,450/= with interest at 9% p.a. from the date of suit till the date of realisation and for costs on averments such as that she was the Headmistress of the appellant/defendant School from 10.6.1966, which is now upgraded as a Higher Secondary School; that because of her meritorious service,, she was awarded the State Best Teacher's Award in the year 1978; that the Management, who had a grouse against plaintiff were giving pinpricks to the plaintiff in the administration of the School and placed her under suspension on 16.9.1978 on flimsy grounds and charges were also framed and upon conducting an ex -parte enquiry, they issued a show -cause notice to terminate her services.

(3.) THE plaintiff would further submit that the School Management also sought the permission of the Chief Educational Officer to terminate the plaintiff under Section 22 of the Tamil Nadu Private Schools Regulations, who refused to give such a permission to the Management; that aggrieved, the Management preferred an appeal to the Joint Director of School Education, who remanded the matter to the Chief Educational Officer for fresh consideration; that even on remand, the Chief Educational Officer refused to give the permission sought for by the School Management and again the Management preferred an appeal to the Joint Director of School Education, who granted the permission to the Management to terminate the services of the plaintiff and accordingly, the Secretary of the School, terminated the services of the plaintiff w.e.f. 25.1.1980; that against the said order of termination, the plaintiff had preferred an appeal before the Educational Tribunal -cum -the Court of Subordinate Judge, Ramnad at Madurai in C.M.A.No.29 of 1980 and the said Tribunal by its order dated 26.8.1981 had set aside the termination order further ordering reinstatement of the plaintiff; that aggrieved against the said findings of the Sub Court, Ramnad at Madurai, the Management filed W.P.No.9281 of 1982 and the said writ petition also having come to be dismissed, thereby upholding the findings of the Sub Court, Ramnad, the Management, after adopting dilatory tactics, reinstated the plaintiff on 8.11.1983 and after reinstatement, the plaintiff continued to act as Headmistress and was asked to retire on 30.6.1986, even though she could work as Headmistress throughout the academic year.