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The Government of Tamil Nadu Represented by the Secretary to Government, Education, Science and Technology Department Vs. P. Manoranjan and anr. - Court Judgment

LegalCrystal Citation
SubjectService
CourtChennai High Court
Decided On
Reported in(1986)1MLJ145
AppellantThe Government of Tamil Nadu Represented by the Secretary to Government, Education, Science and Tech
RespondentP. Manoranjan and anr.
Excerpt:
- .....no legal sanction whatever for the second respondent to hold the additional post of director of legal studies and issuing of a writ of quo warranto. as far back as 1953, by g.q. ms. no. 30, edcuation, dated 5.1.1953, the government of tamil nadu sanctioned the creation of a temporary post of honorary director of legal studies with the status of the head of a department with powers to correspond directly with the government. he was in charge of matters relating to legal studies in the state and also performed the functions of the principal of the law college and during the tenure of the post of honorary director, the post of principal of the law college, madras was kept in abeyance. sri c. kunhiraman, a retired judge of this court, was made the director of legal studies till 30th june,.....
Judgment:
ORDER

V. Ratnam, J.

1. In this writ appeal, the Government of Tamil Nadu has questioned the correctness of the order of Mohan, J. in W.P. No. 10308 of 1982 holding that there was no legal sanction whatever for the second respondent to hold the additional post of Director of Legal Studies and issuing of a Writ of quo warranto. As far back as 1953, by G.Q. Ms. No. 30, Edcuation, dated 5.1.1953, the Government of Tamil Nadu sanctioned the creation of a temporary post of Honorary Director of Legal Studies with the status of the head of a department with powers to correspond directly with the Government. He was in charge of matters relating to legal studies in the State and also performed the functions of the Principal of the Law College and during the tenure of the post of Honorary Director, the post of Principal of the Law College, Madras was kept in abeyance. Sri C. Kunhiraman, a retired Judge of this Court, was made the Director of Legal Studies till 30th June, 1955 and he was assisted by a Professor in the discharge of his duties with reference to the administration of the Law College, Madras. Subsequently, by G.O. Ms. No. 3352, Public (Special) Department, dated 4.11.1955, the Government of Madras sanctioned the creation of a temporary post of Director of Legal Studies in the scale of pay of Grade II District and Sessions Judge in the Madras State Higher Judicial Service for a period of three years with the status of the Head of a Department and with power to correspond directly with the Government and Sri M. Anantanarayanan, a former Chief Justice of this Court, was appointed the Director of Legal Studies. Later, by G.O. Ms. No. 2206, Education, dated 16.11.1959, the temporary post of Honorary Director was continued for a further period of two years, though the post of the Principal, Law College, Madras, under the Madras Educational Service, continued to be kept in abeyance. Sri A.S. Panchapakesa Ayyar, a retired Judge of this Court, was appointed as Honorary Director of Legal Studies. By G.O. Rt. No. 1760, Public (Special) Department, dated 30.6.1962, sanction was accorded for the creation of a temporary post of Director of Legal Studies, Madras in the State Higher Judicial Service (District Judge Grade II) for a period of one year with effect from 1.7.1962 or till the need for it ceased, whichever was earlier and Mr. S. Rangarajan, who was then the Principal Judge, City Civil Court, Madras, was posted as Director of Legal Studies. By G.O. Ms. No. 1195, Education Department, dated 12.7.1967, sanction was accorded for the revival of the post of Principal, Law College, Madras, which had earlier been kept in abeyance with effect from the date of the filling up of the post and post of Director of Legal Studies was kept in abeyance. By yet another G.O. Ms. No. 1912, Education, dated 16.12.1968, consequent upon the redesignation of the post of Principal, Law College, as the Director of Legal Studies, the holder of the post was permitted to continue to draw the same pay admissible to the Principal and the post was also directed to continue to remain in the Madras Educational Service. On 21.10.1978, by G.O. Ms. No. 1898, Education, the Government of Tamil Nadu made special rules for the inclusion in Tamil Nadu Legal Educational Service under Section 33 under Part HI - A of Volume II of the Madras Services Manual, 1969. That G.O. provided for the qualifications and method of recruitment for the post of the Director of Legal Studies. On 16.6.1979, by G.O. Ms. No. 965, Education Department, the Second respondent, who was then the Principal of the Law College, Madurai, was transferred and posted as Principal, Law College, Madras, with effect from 31.5.1978 and was directed to continue to hold full additional charge of the post of Director of Legal Studies, Madras, until further orders. By yet another G.O. Ms. No. 655 dated 14.6.1981, the second respondent was directed to hold full additional charge of the duties of the post of Director of Legal Studies and finally G.O. Ms. No. 67, Education, Science and Technology, dated 7.1.1983, was passed, the material and relevant portions of which are as under:

DEPARTMENT OF EDUCATION, SCIENCE AND TECHNOLOGY

G.O. Ms. No. 67 dated 7.1.1983G.O. Ms. No. 655, Education, dt. 16.4.81


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