DURAI EZHILAN Vs. ARUNA SUGARS HIGHER SECONDARY SCHOOL

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India seeking for issuance of writ of Certiorarified Mandamus calling for the records of the respondent in his proceedings Na.Ka.No.7109/Aa3/20030 dated 18.9.2006 quash the same and direct the respondent to pay the entire accrual of the Provident Fund to the petitioner directly without deducting the salary amount of Rs.2,68,515/- as proposed by the respondent. PETITION filed under Article 226 of the Constitution of India for issuance of writ of certiorarified Mandamus calling for the records of the second respondent relating to Na.Ka.No.8901/A2/2005 dated 25.01.2006 and quash the same and to direct him to act as per the proceedings of the first respondent dated 17.6.2005 in Na.Ka.No.64003/W8/4 and reimburse the petitioner school. Common Order: I have heard the learned counsels appearing for all the parties and have perused the records.

(2.) IN W.P.No.9249 of 2004 and 37756 of 2006, the petitioner is the Headmaster of Aruna Sugars Higher Secondary School, Pennadam. IN W.P.No.1469 of 2007, the petitioner is the School Management. Since the subject matter of these three writ petitions is common, all the three writ petitions are grouped together, heard and a common order is passed.

(3.) IN W.P.No. 9249 of 2004, the Headmaster challenges the order of the School Management dated 13.3.2004 wherein and by which he was dismissed from service with immediate effect. According to the School Management, five charges were levelled against the Headmaster and after conducting an enquiry, when proposals were sent to the Chief Educational Officer, Cuddalore, prior approval for the dismissal of the Headmaster was refused by order dated 04.3.2003 and the appeal filed by the School Management was allowed by the appellate authority by order dated 02.3.2004. Against the order of refusal, the School Management filed an appeal before the Joint Director of Higher Secondary Education. IN the meantime, the Headmaster filed a writ petition being W.P.No.11196 of 2003 challenging the order of suspension and sought for a direction to the School Management to reinstate him in service as the enquiry was not over. However, this Court vide order dated 28.8.2003 refused to grant restoration of service but stated in paragraphs 4 and 5 as follows: Para 4: