T BHAGYARAJ Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) The order dated 22.10.1996 passed by the second respondent directing to recover the salary paid between the period of 1.6.1984 and 30.6.1987 from the petitioner for his services as a Secondary Grade Teacher is in challenge in this writ petition.

(2.) This order has been passed by the District Elementary Educational Officer, Nagercoil and it is in the nature of a communication made to the Assistant Educational Officer Kuzhithurai Range, Kuzhithurai Post, Kanyakumari district, directing him to recover the said salary between the aforementioned period from the petitioner.

(3.) Learned counsel for the petitioner Mr.Paul Vasanthakumar has argued on the basis of few facts. The petitioner, on the basis of his Teacher training certificate, was appointed as a Secondary grade teacher on 1.6.1984 and continued to work till 30.6.1987. He was holding a Teachers training diplome from Karnataka which was evaluated on 30.1.1986 and was found to be good. Later on, the first respondent cancelled this evaluation by his order dated 12.6.1987 and it is an admitted position that the petitioner was not heard before passing this cancellation order. On that basis, the petitioner came to be terminated from service from 1.7.1987. The petitioner did not challenge this order though some others like the petitioner did challenge the orders in the Administrtive Tribunal and also succeeded. The petitioner however took a better course of joining a Teachers training college in Agriculture in Tamil Nadu in 1994. On that basis, he was again offered a job of a Secondary Grade Special teacher and he is thus serving in that post from 1.6.1995. So far so good. Now however, all of a sudden, in the year 1996, the impugned order came to be passed, firstly without hearing the petitioner and secondly, even the courtesy of serving a copy on him has also not been shown.