WA/2846/2026 of S.Thirumaran Vs The Director of School Education on 23 September 2026

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) The present Intra Court Appeal has been instituted challenging the writ order dated 16.02.2026, passed in WP.No.4457 of 2026.

2. Writ petitioner is the appellant. Appellant is the Secretary/Correspondent of Sri Ramakrishna Aided Middle School, Thirupathiripuliyur, Cuddalore. The school is an aided institution and duly recognized by the school education department of the Government of Tamil Nadu. Two teachers, namely, Tmt.Malarvizhi and Tmt.Renuka were employed in the school. Disciplinary proceedings were initiated against these two teachers and they were placed under suspension by the management of the school. Those teachers had approached the High Court by filing WP Nos.3480 and 3483 of 2022. However, there is no interim order in force as of now and the authorities found that the teachers ought to have been reinstated in view of the provisions under the Act and Rules that an aided school management cannot keep the teachers under suspension for more than six months without the prior permission of the Government.

3. The learned counsel for the appellant would submit that the enquiry is in the final stage. However, the department passed an order on 12.01.2026 clearly stating that if the suspension of teaching staff exist six months, the

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WA No. 2846 of 2026

subsistence allowance to be paid thereafter must be paid by the management itself. In other words, beyond six months, the management has to pay the subsistence announce since the law mandates that the suspension and enquiry to be completed within a period of six months. The two teachers are under suspension for more than five years. Despite the writ order, they had not been reinstated in service. Keeping a teaching staff under suspension for five years without paying subsistence allowance is directly affecting the livelihood of these teachers since during the period of suspension, they cannot seek employment elsewhere.

4. That apart, the aided school management cannot keep the employee for more than six months. If at all it is necessary to continue their suspension for completion of enquiry, the management can do so, but the subsistence allowance beyond the period of six months is to be paid by the management. This being the provisions of the Private School Regulations Act and Rules, the education department has initiated action. The order dated 12.01.2026 reveals that the management has committed several such irregularities and therefore, a notice was issued to the management. Instead of responding to the notice, the appellant has filed a writ petition in his personal capacity. The very cause title would show that Secretary/Correspondent filed the writ petition in his personal capacity and not in the name of the school management. The Writ Court considered the issues and gave a finding that the management has to conclude the disciplinary proceedings against the two teachers. Instead of

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WA No. 2846 of 2026

reinstating the teachers and concluding the disciplinary proceedings, the Correspondent in his personal capacity has chosen to file the present writ appeal. The appellant has not made out any acceptable ground for entertaining the writ appeal. The management is bound to pay the subsistence allowance to the teachers since they have been placed under suspension beyond the period of six months. All such subsistence allowance beyond the period of six months are directed to be settled in favour of the teachers since subsistence allowance is the livelihood of employees and deprivation would result in violation of Article 21 of the Constitution of India. As rightly held by the Writ Court, the departmental disciplinary proceedings shall be concluded as expeditiously as possible. Meanwhile, the management is at liberty either to reinstate the teachers or to pay subsistence allowance at the rate of 50% as per the rules applicable to the suspended employees. All such subsistence allowance must be paid by the management.

5. With these directions, the writ appeal stand dismissed. No costs. Consequently, connected miscellaneous petition is also closed. (S.M.S.,J.) (K.G.R.,J.) 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SLI

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WA No. 2846 of 2026

To

1. The Director of School Education DPI Campus, College Road, Chennai-600 006.

2. The District Educational Officer (Primary Education), Cuddalore Education District, Cuddalore.

3. Block Educational Officer, Periyakangana kuppam, Cuddalore.

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WA No. 2846 of 2026

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. SLI WA No. 2846 of 2026 and CMP No.25092 of 2026 23-09-2026

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