SEKAR REPORTER

Court News from Madras High Court

THE HONOURABLE THIRU JUSTICE V. PARTHIBAN W.P.No.8790 of 2020 and W.M.P.No.10669 of 2020,writ petition is dismissed as completely being devoid of merit and substance with cost of Rs.10,000/- (Rupees Ten Thousand only) to be paid by the Association to the Chief Minister’s Covid-19 Relief Fund. The cost shall be paid within a period of two weeks from the date of receipt of copy of this order. Connected miscellaneous petition is dismissed. 06.07.2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2020
CORAM
THE HONOURABLE THIRU JUSTICE V. PARTHIBAN
W.P.No.8790 of 2020
and
W.M.P.No.10669 of 2020
Tamil Nadu Electricity School Teacher’s Federation,
rep.by its District Secretary. … Petitioner
Vs.
1.The State of Tamil Nadu,
rep.by its Principal Secretary to Government,
School Education Department,
Secretariat, Fort St.George,
Chennai-600 009
2.The Commissioner,
Greater Chennai Corporation,
Rippon Building, Chennai-600 003
3.The Educational Officer,
Greater Chennai Corporation,
Rippon Building, Chennai-600 003 …. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus forbearing the respondents from involving the teachers in Covid-19 related duties like Street Warriors or Tele-counseling at Zonal Control Room, without calling for options/willingness from the teachers aged less than 50 years, not suffering any co-morbidities and working in all schools including Government and Aided Schools in Chennai District and ensure social distancing for the teachers in the work place, apart from providing requisite Personal Protective Equipments or in the alternative, permit the teachers to work from home for tele-counseling service, by considering the representation submitted by the Petitioner Federation dated 17.06.2020.
For Petitioner : Mr.G.Sankaran
For Respondents : Mr.P.H.Arvind Pandian,
Additional Advocate General,
Assisted by Ms.Karthikaa Ashok
for R2 and R3
Mr.P.Raja,A.G.P.for R1
ORDER
The matter is taken up through web hearing.
2.The writ petition is filed seeking the following prayer:
“To forbear the respondents from involving the teachers in Covid-19 related duties like Street Warriors or Tele-counseling at Zonal Control Room, without calling for options/willingness from the teachers aged less than 50 years, not suffering any co-morbidities and working in all schools including Government and Aided Schools in Chennai District and ensure social distancing for the teachers in the work place, apart from providing requisite Personal Protective Equipments or in the alternative, permit the teachers to work from home for tele-counseling service, by considering the representation submitted by the Petitioner Federation dated 17.06.2020.
3.This writ petition is filed by an Association seeking to prevent the Government from utilizing the services of the teachers in Covid-19 related duties. In effect, the Association wants a direction to the Government as to how they should run its affairs in tackling Covid-19 (Pandemic) crisis.
4.Several facts have been stated in the affidavit as to how involvement of Teachers in the Covid related activities would affect their health and it appears, there is a collective expression of morbid fear, which is the basis of the writ petition.
5.From the records and materials as disclosed, it is found that the apprehension and the fear of the Association have absolutely no basis at all. In any event, in the fight against the deadly virus, no particular class of public servants can claim complete insulation. In an extraordinary situation like the present one, Government alone can regulate and arrange its affairs and utilize the services of its servants. The prerogative of the Government in such matters cannot be trifled with or questioned by the Association, whose members have a vested interest not to be involved in extending their part of participation in the overall fight against the spread of Corona Virus.
6.Infact, it is seen that the action that is being questioned in this Writ Petition is well intentioned and taken in public interest. It appears that the present litigation is a brazen attempt to derail the public interest in order to serve their own personal interest of self preservation. When the entire State is geared to its fullest potential to tackle the unprecedented crisis of the present time, every citizen of this State is a stakeholder in the fight and no particular class of citizens can claim to remain outside the perimeter of the collective effort to arrest the spread of the virus.
7.In any event, it is not for the association to suggest as to how the Government should go about in running its affairs in this extraordinary crisis situation. The Association has, therefore, no say in such matters and filing of the present writ petition with the prayer as sought is an unabashed attempt to wriggle out of their responsibility as Government servants to serve their own ends.
8.In the above circumstances, this writ petition is dismissed as completely being devoid of merit and substance with cost of Rs.10,000/- (Rupees Ten Thousand only) to be paid by the Association to the Chief Minister’s Covid-19 Relief Fund. The cost shall be paid within a period of two weeks from the date of receipt of copy of this order. Connected miscellaneous petition is dismissed.
06.07.2020
mrm/msk
Index : Yes/No
Internet : Yes/No
To
1.The Principal Secretary to Government,
School Education Department,
Secretariat, Fort St.George,
Chennai-600 009
2.The Commissioner,
Greater Chennai Corporation,
Rippon Building, Chennai-600 003
3.The Educational Officer,
Greater Chennai Corporation,
Rippon Building, Chennai-600 003
V.PARTHIBAN, J.
mrm/msk
W.P.No.8790 of 2020
06.07.2020

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