R.VENKATASAMY Vs. THE GOVERNMENT OF INDIA

JUDGEMENT

(1.) The Writ Petitioners challenge the notification issued calling tender for running a school in the Heavy Alloy Penetrator Factory Unit at Trichy. The teachers, who were working in the previous school, were the petitioners.

(2.) According to the petitioners, the Heavy Alloy Penetrator Factory Unit was established in the year 1987. The 2nd respondent, which is the unit of Ministry of Defence, had entered into an agreement with the 3rd respondent, namely, Sri Ramakrishna Tapovanam, Tiruparaithurai, for running a Matriculation School in the year 1988. The 1st petitioner was appointed as a Principal in the School on 03.08.1988. The other petitioners were appointed thereafter. Pursuant to the agreement, the 3rd respondent opened the school in the name and style of ''HAPF Paramahamsa Matriculation School'' with the staff strength of 15 teachers and 2 non-teaching staff. The agreement was valid for 10 years.

(3.) The appointment of the teachers was made by the 3rd respondent with prior consultation with the 2nd respondent. The Scale of Pay of the teachers was decided on par with the Ordnance Factory Schools or the Tamil Nadu Government Schools which ever is lower. The staff members were covered by Employees Provident Fund Act and the teachers have signed an agreement as per the Code of Regulations for Matriculation Schools. The 4th respondent had periodically inspected the Matriculation School. At the time of filing of the Writ Petition, the student strength was 357 out of which, 223 were the children of the staff of the 2 nd respondent and 127 were outsiders.