KUILAMBAL Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE writ appeal is directed against the order passed by the learned single Judge of this Court dated 29.9.1999 made in W.P.No.6081 of 1991, whereby the learned single Judge has ordered granting terminal benefits in favour of the legal heirs of the deceased T.Balan, who was working as I Grade Tamil Pandit in the fourth respondent School, viz., P.V.Selvaraj High School, Thanjavur, from 27.11.1967.

(2.) THE facts of the case are that the fourth respondent School was originally a co-education school. In the year 1979, nine male teachers of the School started an agitation against the management, by which act, the strength of students reduced considerably. THErefore, during June 1981, the management took steps to convert the co-education school to that of a Girls High School and initiated action to seek permission for the same. In the meanwhile, during the year 1980, proceedings were initiated transferring the said Late Balan on the ground of surplus staff of the School to George High School, Vishnupuram, Thanjavur District, however, protecting his scale of pay and status. Accordingly, the Correspondent of George High School, Vishnupuram, issued an appointment order dated 15.12.1980. Based on which, the fourth respondent School, by proceedings dated 17.12.1980, re-deployed the deceased T.Balan and relieved him from duty w.e.f. 19.12.1980 enabling him to join George High School w.e.f. 20.12.1980, without break of service. Challenging the same, an appeal was preferred by the deceased T.Balan. Pending appeal, he filed a writ petition before this Court in W.P.No.1541 of 1982 which was disposed of on 6.9.1988 directing the Joint Director of school Education to dispose of the representation dated 24.12.1980. Accordingly, the appeal was disposed of dismissing it on the ground that his service was not satisfactory, by order dated 16.11.1989, which was communicated to his legal heirs, viz., the appellants herein, on 20.12.1989.

(3.) WE have gathered an information from the counter affidavit filed by the fourth respondent P.V.Selvaraj High School in W.P.No.6081 of 1991, so as to interfere with the order passed by the learned single Judge, wherein it has been stated admitting that the deceased T.Balan was appointed as Tamil Pandit in their School on 27.11.1967 and due to some gross agitation by nine male teachers during the year 1979, the strength of students got decreased drastically in the year 1980. Therefore, they have taken steps to convert the co-education school to that of a Girls High School and initiated action to obtain permission in the month of June 1981. It is to be noted that even before the conversion of the above said co-education school to that of a Girls High School, by order dated 17.12.1980 itself, the deceased T.Balan was transferred on the ground of 'surplus' to George High School, Vishnupuram. Accordingly, the Correspondent of George High School has given a fresh appointment by order dated 15.12.1980, as per the proceedings of the Chief Educational Officer, Thanjavur. The fourth respondent P.V.Selvaraj High School, Thanjavur, by order dated 17.12.1980, relieved him from duty w.e.f. 19.12.1980 to enable him to join the George High School, w.e.f. 20.12.1980, without break of service. Aggrieved by the above, he filed an appeal petition before the Chief Educational officer, Thanjavur. Though reminders were made on 5.1.1981, 10.3.1981 and also by a lawyer's notice seeking to dispose of the appeal petition, there was no response. Therefore, pending appeal, he filed a writ petition before this Court in W.P.No.1541 of 1982 which was disposed of on 6.9.1988 directing the Joint Director of School Education to dispose of the representation dated 24.12.1980. Ultimately, the appeal petition was dismissed by the appellate authority, by order dated 16.11.1989, adding a new ground of casting a stigma on Late T.Balan that his service was not satisfactory.