M. Santhakumar vs The Assistant Director of Special Schools and Others

The Petitioner has invoked the writ jurisdiction of this Court, to challenge the order, dated 04.04.2000, vide which the Petitioner has been relieved of this responsibility as Head Master in-charge of the school.

The Petitioner is a post graduate in History, and also holds a bachelor Degree in Education with Senior Diploma in Teaching. The Petitioner was appointed as secondary grade teacher on 26.02.1985 in the deaf management school. i.e. Good Shepherd School for Deaf. The Petitioner was promoted as Head Master of the primary school, which according to the Petitioner, was being running smoothly and further-more, the Petitioner had good appreciation from the management and department. There were No. complaints or departmental proceedings against the Petitioner at any point of time.

The order of the promotion of the Petitioner reads as under:

This is to inform you that you are promoted as the Headmaster in The Good Shephere School for the Deaf in the vacancy caused by the resignation of Mr. A. Devasagayam-Karunaharan subject to the following conditions.

This promotion is subject to the approval of the Social Welfare Department.

You have to abide by the rules of the department and of the management.

You will be paid as salary only the amount that will be released from time to time by the Government and no extra amount will be paid by the Management.

You will have No. jurisdiction over the administration of the Good Shepherd Home for the deaf.

You will have to abide by the code of conduct of the Tamil Nadu Non-Gazetted workers.

This order will effect from 17.01.97.

Without any notice or reason, the impugned order was passed relieving the Petitioner of the responsibility as Headmaster in-charge of the school.

The impugned order reads as under:

I am to inform you that on the recommendations of the Committee under the leadership of Rev. P. James Sundaradhas, President Nagercoil Synod, and for the welfare and smooth running of the institution. You are hereby relieved of your responsibilities as the Head Master-in-charge of the school.

You are directed to hand over the charge of the school to Mr. A.D. Karunaharan the Senior teacher of the School (immediately) with effect from 7.4.2000.

The petitioner immediately made representation against the impugned order, however, no action was taken.

The averments made in the affidavit clearly shows that it was a regular promotion as per the rule.

It was not open to the management to relieve the petitioner from the post of Headmaster in-charge, without following due process of law, or giving reasons for reversion.

The order is in violation of the principles of natural justice, as also against service rules, therefore, cannot be sustained, in law.

Consequently, the writ petition is allowed, impugned order is set aside and the petitioner shall also be entitled to all consequential benefits. No costs.