Pay protection safeguards existing salary but not increments of higher relinquished post; withdrawn suspension challenges attain finality.

ORDER :

T.VINOD KUMAR, J.

Since the petitioner in both the writ petitions is one and the same, both the writ petitions were heard together and being disposed of by this common order.

2. Heard Mr.S.Somasundaram for Mr.Neduchezhiyan, learned counsel for the petitioner in W.P.No.11273 of 2020 and Mr.P.Ganesan, learned counsel for the petitioner in W.P.No.22195 of 2022 and the learned Government Advocate appearing on behalf of the respondents and perused the records.

3. The petitioner by the writ petition vide W.P.No.11273 of 2020 has assailed the action of the third respondent in issuing proceedings dated Nil.06.2020 signed on 27.07.2020 whereby her request to restore the salary in the post of Middle School Headmistress in level – 17 pay scale with effect from 01.01.2020; to sanction increment in level – 17 with effect from 01.01.2020; and to sanction the selection grade pay for the post of Middle School Headmistress from 02.01.2019 with consequential and attendant benefits had been rejected.

4. The petitioner by the writ petition in W.P.No.22195 of 2022 has assailed the action of the third respondent in issuing order dated 07.07.2022 whereby her request to regularize the period of suspension during the period from 23.08.2013 to 22.10.2013, from 23.10.2013 to 13.11.2013 and from 24.01.2014 to 23.03.2014 was rejected and the Block Educational Officer was directed to obtain consent from the petitioner to regularize the period as eligible leave.

5. Briefly put the case of the petitioner is that she was working as the Headmistress of R.J.R.Middle School, Korukkupet, Chennai from 02.01.2009; that she was placed under suspension by the Secretary of the School with effect from 23.08.2013 without any valid reason, and continued the said suspension beyond the period of 60 days without obtaining necessary permission from the District Educational Officer; that in the absence of permission being obtained, the suspension beyond the period of 60 days would not be valid; and that the suspension is deemed to have been revoked as per Section 22 (3) (b) of Tamil Nadu Recognized Private School (Regulations) Act, 1973.

6. It is the further case of the petitioner that while the Secretary of the School where she was working as Headmistress was acting contrary to the provisions of Act as applicable to the School being the Government Aided School and also contrary to the interim orders of this Court in W.P.No.29829 of 2013, she had initiated contempt proceedings.

7. Petitioner further contended that while she continued to fight against the illegal action of the School Management and its Correspondent, who continued to mis-utilize the School building by renting out the major portion for godown purposes, export companies as well as shops, a fire accident occurred on 08.11.2018; that on account of the aforesaid fire accident, the first and second respondents issued orders dated 10.01.2019 and 27.05.2019, ordering the closure of the School namely R.J.R Middle School with effect from 01.06.2019; that the third respondent, by its proceedings issued in the month of May, 2019, sought to post all the teachers working in the School in the existing vacancies of other Aided Middle Schools with pay and service protection; that consequent to the order passed by the third respondent in May, 2019, the fourth respondent issued orders stating that in the absence of vacancy in the post of Middle School Headmistress, the petitioner was being transferred and posted as B.T.Assistant (Science) with pay protection and relieved the petitioner with effect from 31.05.2019; that the third respondent thereafter issued order dated 27.05.2019 tra