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2024 Supreme(Mad) 1204
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
Mahalakshmi - Appellant
Versus
The Secretary to Government of Tamil Nadu – Respondents
W.P.(MD)Nos.20179 to 20181 of 2021
Decided on : 09-08-2024
Advocate Appeared
For the Appellant : Mr.P.Ganapathi Subramanian
For the Respondents:Mr.T.Amjad Khan Government Advocate
IMPORTANT POINT
The court established that employees affected by unforeseen events are entitled to fair consideration of their claims for salary and benefits during periods of unemployment caused by such events.
Headnote:
Writ Petition - Teacher Employment - The court addressed the petitioners' request for relaxation of the period of unemployment following a tragic fire accident that led to the closure of their school. The court emphasized the need for timely consideration of their representations for salary arrears and benefits, highlighting the importance of fair treatment for employees affected by unforeseen circumstances.
Fact of the Case:
The petitioners, teachers at Shri Krishna Aided Primary School, became jobless due to a fire accident on 16.07.2004 that resulted in the death of 94 children and the subsequent closure of the school. They were later reinstated in other institutions following a court order in 2011 but sought relaxation for the period of unemployment and requested salary arrears and benefits.
Finding of the Court:
The court found that the petitioners were entitled to have their representations regarding salary and benefits considered. The respondents acknowledged that the petitioners' requests were under consideration, and the court directed a timely resolution.
Issues: Whether the petitioners are entitled to salary arrears and benefits for the period of unemployment due to the fire accident and whether their representations should be considered by the respondents.
Ratio Decidendi: The court held that the petitioners' representations must be evaluated on their merits and in accordance with the law, ensuring that no prejudice would be caused to the respondents by this consideration.
Result: The court directed the second and third respondents to pass final orders on the petitioners' representations within twelve weeks, thereby disposing of the writ petitions without costs.
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, thereby directing the respondents to relax the period between 17.07.2004 and 17.06.2012 and grant arrears, revised salary and other monetary benefits for the period between 17.07.2004 and 17.06.2012 and to include the petitioner under the Teacher Provident Fund Scheme.
These Writ Petitions have been filed by the respective petitioners seeking relaxation and for grant of arrears, revised salary and other monetary benefits for the relaxed period.
2. The petitioners were working as Teachers at Shri Krishna Aided Primary School, when a fire accident took place on 16.07.2004, which lead to the death of 94 children. Immediately upon the said fire accident which lead to the death of 94 children, the school was ordered to be closed and the recognition granted to the school was also cancelled on the very next day of the fire accident. The respective petitioners claim that they became jobless due to the same. However, pursuant to an order passed by this Court on 06.06.2011, in W.P.Nos.3981 to 3983 of 2007, the respondents were directed to re-deploy and appoint the petitioners in other institutions, depending upon the availability of vacancies within a period of four [4] weeks from the date of receipt of a copy of the said order and pay the salary to them from the said date.
3. Thereafter, the petitioners were appointed in other institutions by the respondents pursuant to the directions given by this Court on 06.06.2011 in W.P.Nos.3981 to 3983 of 2007. The petitioners who were jobless for the period from the date of the fire accident ie., on 16.07.2004 till the date of the reinstatement in other institutions seek relaxation for the said period and they seek for grant of arrears of salary, revised salary and other monetary benefits. They had also given a representation to the respondents for the said purpose.
4. It is now represented by the learned Government Advocate appearing for the respondents on instructions that the recommendation of the third respondent with regard to the representation of the petitioners seeking for relaxation as stated supra is under consideration by the second respondent. No prejudice will be caused to the respondents if the representation of the petitioners which has been forwarded by the third respondent to the second respondent is considered on merits and in accordance with law within a time frame to be fixed by this Court.
5. For the foregoing reasons, this Court directs the second and third respondents to pass final orders on the representations of the respective petitioners seeking for relaxation of the period when they were jobless due to the fire accident at Shri Krishna Auided Primary School on 16.07.2004, in which they were working at that point of time till the date of the reinstatement within a period of twelve [12] weeks from the date of receipt of a copy of this order.
6. With the aforesaid directions, these Writ Petitions stand disposed of. There shall be no order as to costs.
