C.Shalini vs State Of Tamil Nadu And Others

Abdul Quddhose, J

This writ petition has been filed challenging the impugned proceedings of the third respondent dated 13.09.2022, under which, the third respondent had stated that they will be stopping the grant-in-aid towards the salary of the petitioner from September 2022 onwards due to non-submission of the required documents by the fourth respondent School.

The petitioner has challenged the impugned order on the following grounds:-

a)The impugned order stopping the grant-in-aid of the salary of the petitioner involves civil consequences but has not been served to the petitioner passing of the impugned order and the impugned order is bad for violation of principles of natural justice and is violative of Article 14 of Constitution of India;

b) The petitioner was appointed in the fourth respondent school in a sanctioned post after approval from the third respondent in the year 2010. After a lapse of 12 years, the third respondent is now attempting to question the very basis of appointment that too without any show cause notice or any opportunity of hearing.

C) The impugned order is vitiated by arbitrariness and non-application of mind and is violative of Article 14 of the Constitution of India.

Learned counsel for the petitioner drew the attention of this Court to the impugned order and would submit that the petitioner has been working in the fourth respondent school for the past 12 years and has been paid government salary ever since her appointment. However, arbitrarily, due to a typographical mistake committed earlier, the third respondent, under the impugned order, even without issuing any show cause notice to the petitioner, has threatened stoppage of payment of salary to the petitioner. She would also submit that earlier since a letter was sent by the third respondent to the fourth respondent's School calling for particulars relating to the petitioner's educational qualification, the petitioner had filed a writ petition in WP No.25355 of 2022 seeking for a Mandamus directing the respondents not to take any adverse action against the petitioner in the services of the fourth respondent school pursuant to the letter of the third respondent in Proceedings Na.Ka.No.1699/A2/2022 dated 12.07.2022. However, according to the petitioner, despite pendency of the writ petition, the impugned communication has been issued arbitrarily and illegally.

Per contra, learned Additional Government Pleader appearing for the respondents would submit that only due to the fact that the particulars required under a letter dated 12.07.2022 was not furnished, the impugned proceedings dated 13.09.2022 came to be passed.

Learned counsel for the petitioner would now submit that since the petitioner is now put on notice about the requirements of the respondents, the petitioner is ready and willing to submit all the documents sought for by the respondents in their communication dated 12.07.2022 addressed to the fourth respondent school which is also reflected in the impugned proceedings dated 13.09.2022 provided a final decision is taken by the respondents within a time frame to be fixed by this court and also the salary is paid till final decision is taken by the respondents.

After hearing the rival submissions, this Court directs the petitioner to submit the documents sought for by the third respondent in their communication dated 12.07.2022 in Na.Ka.No.1699/A2/2022 dated within a period of one week from the date of receipt of a copy of this order and on receipt of such documents within the stipulated time, the third respondent shall pass final orders on merits and in accordance with law within a period of two weeks thereafter. It is made clear that till final orders are passed the payment of salary to the petitioner shall not be disturbed.

With the aforesaid direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.