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S. M. SUBRAMANIAM, C. KUMARAPPAN
Tamil Nadu Higher Secondary Post Graduate Teacher's Welfare Association – Appellant
Versus
Secretary to Government of Tamil Nadu, School Education Department – Respondent
JUDGMENT :
S.M. SUBRAMANIAM, J.
Prayer in all the WAs: Writ Appeal filed under Clause 15 of The Letters Patent, praying to set aside the order dated 30.11.2020 made in W.P. Nos. 44342, 44343 & 44344 of 2006 by allowing the same as prayed for and pass such further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
1. The Tamil Nadu Higher Secondary Post Graduate Teachers Welfare Association are the appellant in the three Writ Appeals instituted challenging the common order dated 30.11.2010 passed in batch of writ petitions.
2. The service Association of Government servants maintaining a writ petition regarding the grievances of its members is to be considered at the first instance. The relief sought for in the writ petitions by this Association are to direct the Government Authorities to re-fix the seniority in accordance with law by placing the Post Graduate Teachers placing the members of the petitioner Association, who were appointed through Tamil Nadu Public Service Commission to the post of Post Graduate Assistants. Consequential relief to grant promotion to the post of Headmasters/Headmistress are also sought for in the writ petitions.
3
Only individuals personally aggrieved have the right to file writ petitions; service associations cannot represent individual grievances.
The judgment in W.P.(C) No.27634 of 2020 and the principle decided therein covers the members of the petitioner's association, including the declaration that there is no illegality in the withdrawal ....
The Army Welfare Education Society is not a 'State' under Article 12, and the doctrine of legitimate expectation does not apply to private employment disputes.
A private body must be found to be discharging a public function closely related to functions performed by the State in its sovereign capacity to be amenable to the writ jurisdiction of the Court und....
The main legal point established in the judgment is that the writ jurisdiction under Article 226 of the Constitution is not maintainable against a private unaided minority institution for service dis....
The existence of an alternative efficacious remedy precludes the maintainability of a writ petition, particularly in service matters where fact-finding is essential.
Associations cannot maintain writ petitions for employment on behalf of members; individual eligibility must be assessed per the welfare scheme.
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