MURUGESAN Vs. MANAGER R C SCHOOLS

JUDGEMENT

(1.) THIS writ petition is filed challenging the order of the first respondent dated 29. 05. 1998 terminating the petitioner's services and also for a direction to reinstate him with backwages, continuity of service and other benefits.

(2.) THE case of the petitioner is that he joined as a regular secondary Grade Teacher in the Tuticorin Diocese on 18. 10. 1973, having worked for three years prior to the said date as a substituted teacher under various schools within the control of the Diocese. The Diocese is having 122 Primary schools, 70 Middle Schools, 8 High Schools and 1 6 Higher Secondary Schools in tuticorin, Tirunelveli and Kanyakumari Districts and all the Schools are aided by the Government of Tamil Nadu and the Schools are governed by the provisions of Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and Rules made thereunder. It is the further case of the petitioner that he was awarded selection Grade on completion of 10 years and Special Grade after completion of 20 years of service and he has put in 25 years of unblemished record of service. The petitioner states that one Rev. Father Augustine, who was a priest of Kadakulam Parish, disliked him due to the reason that the petitioner used to question the activities of the Priests, and he was also transferred from R. C. Middle School, Chidambarapuram, to R. C. Middle School, Nedungulam. The petitioner further states that apart from being the Priest of Nedungulam parish, the said Rev. Father Augustine was also the correspondent of R. C. Middle School, Nedungulam and he attempted to dismiss the petitioner, while he was working at that time and it is with that view, he procured a complaint dated 28. 07. 1997 from two members of Nedungulam Church, viz. , Mr. G. Selvan and V. Selvaraj, alleging that the petitioner has abused the school when he was talking to one Sargunaraj, a retired Headmaster. The petitioner states that when there was an enquiry, the said Sargunaraj sent a letter refuting the allegations made against the petitioner, which also developed an inimical attitude in the mind of Rev. Father Augistine to victimise the petitioner at any cost. The petitioner further states that when the petitioner was on medical leave between 29. 07. 1997 to 25. 09. 1997 for 59 days, there was a demand made to him to pay Rs. 800/- per month for sanctioning of the medical leave, which was refused by the petitioner, and thereafter, a charge sheet was issued against the petitioner on 20. 09. 1997 by the Correspondent based on a complaint dated 10. 07. 1997. The petitioner s tates that the petitioner was suspended on 21. 11. 1997 on the basis that he deliberately refused to receive the charge sheet dated 20. 09. 1997, which resulted in the return of the cover as "not claimed", and the charge memo dated 20. 09. 1997 contained the charges that the petitioner was not in the habit of going to the classes in time, that the petitioner was in the habit of acting against the regulations and at his own whims and fancies and that the petitioner was not taking classes properly. According to the petitioner, a letter dated 07. 11. 1997 was sent to the petitioner informing him that he has deliberately returned the cover as "not claimed".

(3.) THE petitioner sent a reply on 27. 11. 1997 refuting all the charges. The petitioner has also sent a document, viz. , Teaching Grant advise, to show that the school was illegally deducting an amount from the salary as "cess".