BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19/07/2011
CORAM
THE HONOURABLE MR. JUSTICE VINOD K.SHARMA
W.P.(MD)No.536 of 2004
S.Akbar Ali ..Petitioner
Vs
1. The Chief Educational Officer,
Sivagangai,
Sivagangai District.
2. The District Educational Officer,
Sivagangai,
Sivagangai Taluk.
3. The Correspondent,
Ilayangudi Higher Secondary School,
Ilayangudi,
Sivagangai Taluk.
4. The Headmaster,
Ilayangudi Higher Secondary School,
Ilayangudi,
Sivagangai District. ..Respondents.
Prayer
Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus calling for the
records pertaining to the order passed by the second respondent in his
proceedings Na.Ka.No.2040/A3/2003, dated 1.1.2004 and to quash the same and to
direct the respondents to allow the petitioner to have all the benefits.
!For Petitioner ... Mr.D.Sadiq Raja
^For Respondents ... Mr.D.Muruganandham
1 and 2 Addl.Govt.Pleader
For Respondent-3 ... Mr.D.Rajendran
:ORDER
The petitioner prays for the issuance of a writ in the nature of
Certiorari to quash the order, dated 1.1.2004 vide which the selection grade and
special grade granted to the petitioner was cancelled.
2. The admitted facts reads as under:
The petitioner joined as B.T.Assitant(history) in Hajee B.Syed Mohammed
Higher Secondary School, Virudhunagar on 6.11.1978 and continued their upto
1.4.1979. Thereafter, on 2.1.1980, the petitioner joined as
B.T.Assistant(history) in the Al Ameen Higher Secondary School, Madurai. While
working in the school, the petitioner acquired M.A (Tamil) in the year 1982.
The petitioner thereafter joined at Ilayangudi Higher Secondary School,
Sivagangai District as Tamil Pandit, and was working there till termination.
3. The petitioner during his employment acquired qualification of M.Ed,
B.Lit and M.Phil(Tamil). By counting the total service rendered by the
petitioner as B.T.Assistant(History) and Tamil Pandit, he was awarded selection
grade on 7.8.1989 and special grade on 7.8.1989.
4. On 2.9.2003 the District Education Officer cancelled the selection
grade and special grade granted to the petitioner by placing reliance on
Government letter, dated 18.06.1979.
5. The petitioner challenged the order of cancellation by filing
W.P.No.28491 of 2003 as the order was passed in violation of the principles of
natural justice. This Court quashed the order and directed the official
respondent to pass fresh order after giving opportunity of hearing.
6. In pursuance to the order passed by this Court,the petitioner was given
personal hearing, and impugned order was passed cancelling the selection grade
and special grade granted to the petitioner by placing reliance on a letter
dated 18.6.1979 and 7.6.1981.
7. The letters on which reliance was placed have not seen the light of the
day, as neither these letters are supplied to the petitioner at the time of
hearing, nor the learned Additional Government Pleader has been able to place
them on record in this Court.
8. The petitioner challenged the impugned order, on the ground that the
impugned orders cannot be sustained as it suffers from violation of the
principles of natural justice.
9. The contention of the learned counsel for the petitioner is that
principles of natural justice cannot be put in a straight jacket, and it is on
the facts and circumstances of each case which show, as to whether there has
been violation of principles of natural justice or not. There is force in the
contention raised by the learned counsel for the petitioner. Mere offering of
hearing to the petitioner does not satisfy the requirements of natural justice.
The petitioner was not only required to be heard, but was also to be supplied
with requisite papers, on which the department placed reliance to pass an
adverse order against him.
10. In the case on hand, admittedly, in spite of the demand, the officials
failed to supply copies of the letter dated 18.6.1979 or 7.2.1981 to enable the
petitioner to effectively contest the proposed action. The order therefore was
passed violation of principles of natural justice.
11. The other ground of challenge is equally forceful, as vide
G.O.Ms.No.898, dated 23.9.1983, the Government has laid down that for the
purpose of granting of selection grade and special grade the services rendered
by an employee previously is also to be counted. It is not in dispute that the
grade of B.T.Assistant(History) and that of Tamil Pandit is same. The
petitioner therefore is proved to have worked in the same grade for the
stipulated period, to be entitled to special grade and the selection grade.
12. The impugned order thus is in violation of G.O.Ms.No.898 therefore
cannot be sustained in law.
13. For the reasons stated above, the Writ Petition is allowed and the
impugned order is set aside. No costs.
vsn
To
1. The Chief Educational Officer,
Sivagangai,
Sivagangai District.
2. The District Educational Officer,
Sivagangai,
Sivagangai Taluk.