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2023 DIGILAW 2524 (MAD)

Punjab Association (Regd. ) Reptd. By its General Secretary, Lajpat Rai Bhavan, Chennai v. State of Tamilnadu, Represented by the Secretary, School Education Department, Fort St. George, Chennai

2023-07-24

RMT.TEEKAA RAMAN

body2023
JUDGMENT (Prayer:Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 2nd respondent relating to its order bearing Rc.No.4125/A4/2011 dated 10.02.2012 and quash the said order of the 2nd respondent bearing Rc.No.4125/A4/2011 dated 10.02.2012.) 1. By the impugned order, the petitioner Association was directed to allow Mr.S.K.Venkatachala Pandian to continue to act as Principal, MGR Adarsh Matriculation Higher Secondary School, Chennai - 37. Aggrieved against the said order, the writ petition is filed. 2. The factual matrix as stated in the petition goes to show that on 31.05.2008, the Adarsh Senior Secondary School, T.Nagar, Chennai-17, was closed, consequently upon which, the 3rd respondent was instructed to attend the office of the Headquarters of the petitioner''s association. 3. On 10.07.2023, when the writ petition came up for hearing, this Court observed and ordered as under: “Learned Government Advocate submitted that pursuant to the order passed by this Court, the second Respondent/Director of Matriculation Schools & Appellate Authority has conducted an enquiry and set aside the order of the Petitioner/Management and ordered for reinstatement of the third Respondent by order dated 10.02.2012. 2.No one represented on behalf of the Petitioner. 3.By order dated 13.08.2012, this Court has passed the following order in W.P.No.4867 of 2012: “7.During the hearing of the Writ Petition, the learned counsel for the petitioner has fairly submitted that without prejudice to the contentions of both parties, if the 3rd Respondent reports duty at petitioner''s Head Office, he would be given the assignment as Assistant to the Educational Advisor and the post could carry higher scale than the principal. It is also submitted that the petitioner, in the event of reporting to duty, he would also be given salary from May 2010 onwards and also the arrears. 8.Learned Senior Counsel appearing for the 3rd respondent submitted that the petitioner is holding the teaching post and therefore he should be given only the work relating to teaching work and he could not be posted in other post even with higher salary. 9.Further the learned Senior Counsel for the 3rd respondent has agreed for the suggestion made by the learned counsel for petitioner and submitted that his client would report to duty at the head office on 14.8.2012. 9.Further the learned Senior Counsel for the 3rd respondent has agreed for the suggestion made by the learned counsel for petitioner and submitted that his client would report to duty at the head office on 14.8.2012. 10.In the stated circumstances, the 3rd respondent is directed to report to the head office of the petitioner association on 14.8.2012 at 10 a.m. Thereafter the petitioner is directed to assign him the work as Assistant to Educational Advisor and also the petitioner Association is directed to pay the arrears of salary payable to 3rd respondent as submitted by the learned counsel for petitioner from May 2010. The petitioner Association is directed to pay the salary form May 2010, i.e., the arrears of salary, on or before 17.8.2012.” 4.Learned counsels for the Respondents are required to ascertain whether the third Respondent is still in service or retired from service and report the development, if any in this matter. 5.Post the matter after two weeks.” 4. Accordingly, when the matter came up today, the learned counsel for the 3rd respondent was present and stated that the petitioner was relieved from the post on 31.03.2016 on his own request. Even today, there is no representation on behalf of the petitioner. 5. The learned Government Advocate for the respondents 2 and 3 produced the letter dated 17.07.2023 and stated that the 3rd respondent was relied from the post and all pending salary along with other benefits have been paid to the petitioner and that he has accepted it. 6. Recording the same, I find that nothing survives in this writ petition and accordingly, the writ petition is closed. No Costs. Consequently, the connected Miscellaneous Petitions are closed.