WP/18335/2022 of V.Anbu Piriyavathani Vs The Secretary to Union Government on 13 November 2026

ORDER

Though the present writ petition has been filed seeking a direction to absorb the petitioners permanently in any equivalent post of the Department of the Government of Tamil Nadu, the learned Senior Counsel would submit that now that all the petitioners those who were employed under the 4th respondent became superannuated. Therefore, the question of absorbing them does not arise. But, it is their submission that due to the sudden stoppage of grant from Central Government since October 2017, no salary was given to the petitioners and other staffs. It is their case that a sum of Rs.3,39,46,813/- is due as a salary from November 2019 onwards to the petitioners 1 to 6 and one Dr.K.Devaraj, Mr.Padmanabhan and Mrs.Ninnarasi. In this connection, the learned counsel for the petitioners has given a statement, which is extracted hereunder:-

But, it is for the respondent to reconcile the above statement with the records available with them.

2. Now the point to be considered is, how the salary arrear to be settled to the petitioners.

3. The respondents 1 and 2 have filed a counter statement that the State Resource Centre, in which the petitioners were employed, is an independent entity registered under the Tamil Nadu Societies Registration Act, governed by it’s bylaws and they were expected to provide academic and technical resource support to adult education programmes. The scheme was extended upto 31.03.2018 and thereafter, no funds provided to the scheme by the Central Government.

4. In the course of hearing, on 21.09.2026, this Court heard the learned Additional Solicitor General. Thereafter, on 24.09.2026, this Court heard Mr.K.Srinivasa Murthy, learned Senior Panel Counsel and observed as follows:- “On 21.09.2026, this Court has passed the following order:- “Heard the learned counsel for the petitioner and learned Additional Solicitor General for respondent. In the meanwhile, the learned Government Advocate//State Government is directed to file a counter. Post on 24.09.2026 under the caption “For Orders”.

2. Even today, the learned Government Advocate seeks time to file a counter.

3. According to the factual position, the amount is available in the Bank account of State Resources Centre. According to the petitioner, the salary has not been provided for a considerable period and that the salary could be paid from the deposit available in the Bank account of State Resources Centre.

4. The learned Senior Panel Counsel for the Central Government would submit that if this is a fund wholly belongs to the State Resources Centre, the Central Government has no objection to disburse the amount by way of salary. In this regard, the State Government is directed to clarify their stand by filing a detailed counter.

5. Post on 29.09.2026 under the caption “For Orders”. In the meanwhile, the respondents are directed to file counter without fail.”

5. But, on perusal of bundle, the counter statement of the State

Government is available. On 30.09.2026, the learned Additional Advocate General has appeared before this Court and has also accepted that there is a salary due to the petitioners and he has also not expressed any serious objection about the employee dues. However, would invite the attention of this Court about Clause 8 of the bylaws. According to Clause 8, not more than 25% of the fund generated in a year may be utilised towards the State Resource Centre staff welfare activities that may include the retirement benefits and therefore, expressed their concern, and would submit that only 25% of the available amount could be drawn, even if this Court directs to disburse the salary out of the deposit.

6. It is relevant to mention that as per the directions of this Court vide order dated 07.09.2023, the Secretary, School Education Department has filed an affidavit, wherein he has stated about the availability of the funds. For ready reference, paragraph 8 of the affidavit is extracted hereunder:- Table-1 S.No. Saving Bank Account No. Date of Opening Purpose of opening Bank Balance as on 27.09.2023

1. 0942101014168 13.08.94 To operate the funds (Grant-in- aid) of Government of India Canara Bank Kasturba Rs.14,45,379

2. 0942101014948 19.06.95 Income derived from resources, other than the Rs.62,545

GoI fund Nagar, Adyar, Chennai-20

3. 0942101021354 14.10.2000 Income derived from the special projects Rs.37,96,895 Total Rs.53,04,819 Table-2 S.No. Fixed deposit Receipt No/Bank Date of deposit Purpose of Deposit Amount Renewal date Maturity Date

1. 0120200926769 Tamil Nadu Power Finance and infrastructure development corporation limited 22.09.2016 As per the guidelines of GoI Rs.2,15,53,414 23.02.2023 23.02.2024

2. 0942401005766/13 30.11.2010 As per the guidelines of GoI Rs.1,18,815 19.02.2023 29.08.2024 Total Rs.2,16,72,229

7. He has also stated that considering the serving staff of State Resource Centre and their salary and basic expenditure, they utilised the development fund on loan basis to settle the salary between April 2018 to September 2018 and subsequently, salary of the SRC employee was paid through the interest derived from the deposits upto the month of October 2019. Therefore, the stand of the petitioner that they are entitled to have a salary from November 2019 is not seriously disputed.

8. In the counter affidavit of the 4th respondent, they stated that the State Resource Centre has been established under an NGO called “Tamil Nadu Board of Continuing Education” [hereinafter called “TNBCE”]. The above NGO was

registered under the Societies Registration Act. He would further state that TNBCE was dissolved under Section 44(4) of the Tamil Nadu Societies Registration Act with effect from 23.11.2016 vide Tamil Nadu Government Gazette No.46 dated 23.11.2016 and on winding up of dissolution, if any amount are available, the same has to be dealt in accordance with the Rules of the Societies Registration Act.

9. At this juncture, it is relevant to refer Section 44(4) of the Tamil Nadu Societies Registration Act, 1975, which is extracted hereunder:- “44.Removal of defunct registered societies.- …...….

(4) At the expiration of the time mentioned in the notice referred to in sub-section (2), or sub-section (3), the Registrar may, unless cause to the contrary is previously shown by the registered society, strike its name off the register and shall publish notice thereof in the Tamil Nadu Government Gazette, and, on the publication of such notice, the registered society shall be deemed to be dissolved: Provided that the liablity, if any, of every officer and member of the registered society shall continue and may be enforced as if the registered society had not been dissolved.”

10. As per the above proviso, if there is any liability of officer and member of the registered society, the same shall continue and may be enforced as if the registered society had not been dissolved. As far as the claim of the petitioner would definitely come within the proviso to Section 44(4) of the

Societies Registration Act. Hence, the respondents 3 to 5 are directed to enforce the power conferred under Section 44(4) of the Tamil Nadu Societies Registration Act, 1975 and disburse the salary arrears on pro rata basis to all the employees. The above exercise is directed to be completed within a period of twelve(12) weeks from the date of receipt of a copy of this order.

11. Accordingly, this Writ Petition stands disposed of with the above directions. No costs. Consequently, connected WMPs are also closed. 13-11-2026 Index: Yes Speaking order Neutral Citation: Yes KMI To

1. The Secretary to Union Government Department of School Education and Literacy, Ministry of Education. 124-C, Shastri Bhavan, New Delhi -110 001

2. The Director General (NLMA) and Joint Secretary (AE), Department of School Education and Literacy, Ministry of Education, Shastri Bhavan, New Delhi-110 001.

3. the Principal Secretary to Government of Tamil nadu Department of School Education, Fort St. George, Chennai-9.

4. The Director Directorate of Non-formal/ Audit and Continuing Education, Government of Tamil Nadu and Chairman, State Resources Centre for Adult Education, DPI Compound, College Road, Nungambakkam, Chennai-06.

5. The Registrar Of Societies, No. 170, NV Natarajan Maaligai, Periyar EVR High Road, Poonamallee High Road, Kilpauk, Chennai – 600010.

C.KUMARAPPAN J. KMI WP No. 18335 of 2022 AND WMP Nos.10409 of 2026 & 17674 of 2022 13-11-2026