BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2025 CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.11160 of 2021 and W.M.P(MD)No.5475 of 2024 C.Juda Christian ... Petitioner Vs.

1. The District Educational Officer, District Educational Office, Sivagangai District.

2. The Block Educational Officer, Ilayankudi Taluk, Sivagangai Dist.

3. The Correspondent, C.S.I Primary School, Kilanjunai, Ilayankudi Taluk, 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 relating to impugned order passed by the 1^st respondent dated 12.05.2021 in Na.Ka.No.845/A2/2019 and quash the same and consequently direct the 1^st respondent to disburse the salary of the petitioner for the post of Secondary Grade Assistant Teacher from the date of the appointment i.e., on 16.06.2018.

For Petitioner : Mr.S.Anwar Sameera For R1 and R2 : Mr.M.Satheesh Kumar Additional Advocate General For R3 : Mr.M.Mahaboob Athiff

ORDER

The present writ petition has been filed by the Secondary Grade Teacher working in the 3^rd respondent school, challenging the order passed by the 1^st respondent on 12.05.2021, wherein the request of the petitioner for disbursement of salary has been rejected.

2. A perusal of the records reveal that the petitioner was appointed as a Secondary Grade Teacher in a Minority Institution on 16.06.2018 and an appointment order was approved by the 1^st respondent on 12.07.2019. Thereafter, the petitioner has been sending several representations, seeking disbursement of the salary, to the Educational Authorities and a final representation was sent on 31.03.2021. Since the same was not considered, the petitioner has filed W.P.(MD)No.8607 of 2021. This Court by an order dated 27.04.2021 directed the 1^st respondent therein namely District Elementary Educational Officer to consider the representation of the petitioner in the light of the approval order dated 12.07.2019 and pass orders on merits and in accordance with law.

3. In compliance of the orders of this Court, the present impugned order has been passed on 12.05.2021 to the effect that the approval order granted on 12.07.2019 was cancelled as early as on 18.07.2019 and therefore, the request of the petitioner for disbursement of the salary could not be considered. This order is put to challenge in the present writ petition.

4. According to the learned counsel appearing for the petitioner, at no point of time, such cancellation of the approval order was communicated to the writ petitioner or it was placed before the Court.

5. The learned counsel appearing for the school management also submitted that the management has not received such order of approval.

6. The learned Additional Government Pleader appearing for the respondents submitted that the approval order granted to the writ petitioner on 12.07.2019 has been cancelled by way of a proceedings dated 18.07.2019 and it has been communicated to the correspondent through registered Post. However, either a covering letter or postal receipt or acknowledgment card have not been found in the file.

7. Therefore, it is clear that the order dated 18.07.2019 has not been communicated either to the school management or to the concerned teacher.

8. In such circumstances, the learned counsel appearing for the private respondent brought to the notice of the court that the Judgement of the Hon'ble Supreme Court in the case of State of West Bengal vs. M.R.Mondal and another, reported in (2001) 8 SCC 433 and State of West Bengal and Others vs. R.K.B.K.Limited and Another, reported in (2015) 10 SCC 369, to the effect that where an order is passed and not communicated, the said order is not enforceable in the eye of law.

9. Relevant portion of the Judgement in the case of State of West Bengal vs. M.R.Mondal and another, reported in (2001) 8 SCC 433, is extracted as follows:-

“16.......

An order passed but retained in f