G. Ekambaram v. State of Tamil Nadu by Secretary to Government, Education Department
2014-07-02
K.B.K.VASUKI
body2014
DigiLaw.ai
Judgment : 1. The relief originally sought for in all the writ petitions is for issuing writ of declaration declaring Section 14-A of the Tamil Nadu Recognised Private Schools (Recognition) Act 1973 as unconstitutional, ultravires and in violation of Articles 14 and 21 of the Constitution of India, insofar as the petitioners are concerned and for quashing the consequential show cause notice issued by the second respondent. 2. The petitioners have in the course of argument restricted the relief only against the impugned show cause notice. The show cause notice regarding proposal of cancellation of the sanctioned post was issued on the ground that the management did not satisfy one of the conditions of GO.Ms.No.61, School Education Department dated 31.03.2001. It is contended before this Court that show cause notice issued for canceling the sanctioned post after the approval of the appointments with aid is bad in law and without jurisdiction and in violations of the principles of natural justice. 3. As rightly contended by the learned counsel for the petitioners, the five posts in respect of which five writ petitioners were appointed as teachers irrespective of subject, are sanctioned with aid in 1997 and three more additional posts are sanctioned with aid in 2001. The appointment of the writ petitioners though earlier in point of time, are admittedly against the sanctioned post and approval is granted from the date of sanction of the post by the Government. That being so, the show cause notice issued by the second respondent for cancelling the post sanctioned by the Government that too after approval of the appointment of petitioners is perse illegal and is hence liable to be set aside. As the appointment of the petitioners against the sanctioned posts was already approved and the management maintains the students strength and number of periods within the fixed norms from the date of approval, the payment of annual increment payable to the petitioners cannot be postponed. 4. In the result, the show cause notice issued by the second respondent which is impugned in WP.Nos.10354 to 10358 of 2003 stands quashed. The respondents are directed to pay annual increments to the petitioners payable to the petitioners with effect from their respective due dates, within eight weeks from the date of receipt of copy of this order. 5. All the writ petitions are accordingly ordered. No costs.