ORDER :

R.VIJAYAKUMAR, J.

The present writ petition has been filed challenging the order passed by the second respondent on 13.07.2021 wherein the request of the petitioner for payment of salary and other monetary benefits for working as Headmistress in the fourth respondent school has been rejected.

(A).Facts leading to the filing of the present writ petition are as follows:

2.The fourth respondent school was granted temporary recognization by the first respondent on 07.06.1988 and the petitioner was appointed as an Headmistress of the said school on 13.08.1988. The petitioner was removed from service by the school management on 01.08.1990. The petitioner had preferred an appeal before the first respondent under Section 23 of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 and the appeal was dismissed on the ground of maintainability on 12.01.1993.

3.Challenging the same, the petitioner has preferred an appeal before the Tribunal in C.M.A.No.6 of 1993 and the appeal also came to be dismissed on 09.12.1994. Challenging the dismissal of C.M.A.No.6 of 1993, the petitioner has preferred W.P.No.4445 of 1995 and the said writ petition was allowed by this Court on 30.10.2002 directing the Appellate Tribunal to rehear the matter afresh and pass orders. The Appellate Tribunal had reheard the appeal in C.M.A.No.6 of 1993 and passed an order on 01.11.2004 allowing the appeal and directing the management to reinstate the petitioner but without backwages.

4.The petitioner herein had filed W.P.(MD).No.1140 of 2005 challenging the denial of backwages and the management had filed W.P.(MD).No. 2515 of 2005 challenging the order of reinstatement. Both the writ petitions were heard together and a common order came to be passed on 30.06.2009.

5.W.P.(MD).No 1140 of 2005 filed by the petitioner came to be dismissed and W.P.(MD).No 2515 of 2005 filed by the management was partly allowed to the effect that the petitioner has to be reinstated only as a teacher not as a headmistress by the school management. This order was not put to challenge by the management.

6.Aggrieved over the order of the writ court, the petitioner herein had filed W.A.(MD)Nos.426 of 2009 and 238 of 2010. Both the writ appeals were heard together and a common order came to be passed by the Hon'ble Division Bench on 05.02.2014 wherein the findings of the writ court that the petitioner should be reinstated only as a teacher and not as a headmistress was set aside and both the writ appeals were allowed.

7.Alleging violation of the order of this Court in W.A.(MD).No. 238 of 2010, a contempt petition was filed by the petitioner in Contempt Petition (MD).No. 634 of 2014. The contempt petition was closed on 06.08.2015. The Petitioner herein had attained superannuation on 11.05.2013 even while writ appeals filed by her were pending.

8.The Petitioner had made a representation to the educational authorities as well as the school management on 14.09.2019 requesting the educational authorities to initiate appropriate action as against the school management and direct the school management to pay her salary arrears from 01.11.2004 till the date of superannuation, the terminal benefits and pensionary benefits.

9.The management addressed a reply on 10.10.2019 stating that during the pendency of the court proceedings, the petitioner had contested in the Panchayat election and she was elected as a Ward member between October 1996 to October 2021 and therefore, she is not eligible for any remuneration.

10.The management further pointed out that in view of her involvement in the political affairs, she was not eligible for appointment for the previous period. The management further contended that the petitioner was not issued with any appointment order till her retirement of superannuation and therefore, she is not entitled to receive any salary or backwages.

11.Challenging the above said order of the management, the petitioner has preferred an appeal before the first respondent. The first res